minutes for ordinary meeting bass coast shire council ... · 2. acknowledgement within council’s...

Minutes for Ordinary Meeting

Wednesday, 15 April 2015

Bass Coast Shire Council

Heritage Centre, 89 Thompson Avenue, Cowes

5.00pm

1. These minutes are due to be confirmed on 20 May 2015

2. Any decision included in these minutes is subject to change resulting from a rescission motion passed by Council.

Minutes of Ordinary Meeting - 15 April 2015 Bass Coast Shire Council


TABLE OF CONTENTS A Present and Apologies ................................................................................................. 4

B Community Question Time ........................................................................................ 5

B .1 David Hamer, on behalf of the 4Shore Sk8 Park Committee - Funding for skatepark maintenance and supervison in the Shire ...................................... 5

B.2 Maurice Schinkel, Cowes - Independent Broad-based Anti-corruption Commission ............................................................................................................. 6

B.3 Les Larke, Wonthaggi - Wonthaggi Public Cemetery ........................................... 6 B.4 Walter Broussard, Cowes - Blue Gum Reserve ..................................................... 8 B.5 Bernie McComb, Cowes - Community Energy ...................................................... 8 B.6 Bernie McComb, Cowes - Vegetation damage ................................................... 10 B.7 Pauline Taylor, Cowes - Green waste ................................................................. 10 B.8 Maurice Schinkel, Cowes - Agenda item E.1 Amendment C134 ........................ 11 B.9 Marnie Chadwick - Suicide support groups ........................................................ 11 B.10 Jason Cameron, Rhyll - Item E.3 27 lot subdivision Rhyll-Newhaven

Road, Rhyll ............................................................................................................ 11 B.11 Ian Samuel, Cowes - Car ferry ............................................................................. 12 B.12 Cr Phil Wright - Planning applications (Health Spa Newhaven,

Caravan Park Forrest Caves, Intensive dairy farming and milk bottling facility Kernot), Bass Coast Shire Council and VicRoads meetings and Newhaven skate ramp .......................................................................................... 12

C Confirmation of Minutes............................................................................................ 13

C.1 Ordinary Meeting held on 18 March 2015 ......................................................... 13 C.2 Special Meeting held on 25 March 2015 ............................................................ 13

D Petitions and Deputations ......................................................................................... 14

E Reports Requiring Council Decision ......................................................................... 16

E.1 C134 - Implementation of Policy Neutral Changes to the Bass Coast Planning Scheme ................................................................................................... 16

E.2 Cowes Activity Centre Plan Draft Report ........................................................... 20 E.3 140066 - 27 lot subdivision at 17-31 Rhyll-Newhaven Road, Rhyll ................... 23 E.4 140167 - Use and development of a self-serve service station at 6

Webb Drive, Wonthaggi ....................................................................................... 49 E.5 Rhyll Traffic Management Plan ........................................................................... 62 E.6 Pine Avenue/Churchill Drive Estate Special Charge Scheme No.25 -

Finalisation of costs .............................................................................................. 66 E.7 Council Endorsement of Municipal Emergency Management Plan 2014 ......... 75 E.8 Road Declarations Inverloch ................................................................................ 78 E.9 Proposed Leases of the Newhaven Jetty Shed, Beach Crescent

Newhaven, Cowes Caravan Park, 164-188 Church Street Cowes, Newhaven Caravan Park, Old Bridge Drive, Newhaven and the Inverloch Bowling Club, 20 The Esplanade, Inverloch ....................................... 82

E.10 Wonthaggi and San Remo Cemetery Trust Quarterly Report .......................... 86 E.11 Risk Management Policy ...................................................................................... 91 E.12 Bass Coast Shire Long Term Financial Plan 2015-2025 ..................................... 94 E.13 Bass Coast Shire Rating Strategy ....................................................................... 106 E.14 Council Service User Fees and Charges for 2015-2016 .................................... 115

F Notices of Motion ..................................................................................................... 119

G Committees and Delegates Reports ...................................................................... 121

G.1 Phillip Island 150th Celebrations Planning Committee .................................... 121



G.2 Municipal Emergency Management Planning Committee .............................. 123 G.3 Inter Council Aboriginal Consultative Committee............................................ 124 G.4 Access and Inclusion Advisory Committee ........................................................ 125 G.5 Domestic Animal Management Advisory Committee ...................................... 126 G.6 Community Safety and Events Advisory Committee ........................................ 127

H Performance Monitoring Reports ........................................................................... 129

H.1 Planning Permits under delegation - February 2015 ........................................ 129 H.2 Planning statistics for the month of February 2015.......................................... 132 H.3 Building Permit Statistics for the month of February 2015 .............................. 133 H.4 Contracts Awarded Report ................................................................................ 134

I Watching Bass Coast ............................................................................................... 136

I.1 CEO's Report - April 2015 .................................................................................. 136 I.2 Continuous Improvement Report - Project Management Delivery

through Annual Supply Contract Procurement ................................................ 138 I.3 Assembly of Councillors Report ......................................................................... 143 I.4 Events Update ..................................................................................................... 145

J Acknowledgements .................................................................................................. 150

J.1 Acknowledgements - Cr Jordan Crugnale .......................................................... 150 J.2 Acknowledgements - Cr Clare Le Serve ............................................................. 150 J.3 Acknowledgements - Cr Phil Wright .................................................................. 150 J.4 Acknowledgements - Cr Neil Rankine ............................................................... 150 J.5 Acknowledgements - Cr Kimberley Brown ........................................................ 151

K Urgent Business ........................................................................................................ 152

L Confirmation of minutes ......................................................................................... 154

L.1 Closed Ordinary Meeting held 18 February 2015 ............................................. 154 M Items Closed to the Public ...................................................................................... 154

M.1 Personnel matters ............................................................................................... 154 M.2 Other matters ..................................................................................................... 154

N Urgent business ........................................................................................................ 154

N.1 Other matters ..................................................................................................... 154



Meeting commenced

The meeting commenced at 5.04pm

Prayer: Cr Brown read the prayer.

Acknowledgement: Cr Crugnale read the acknowledgement.

Statement: Cr Drew read the Councillor Statement.

A Present and Apologies

Councillors: Cr Kimberley Brown, McHaffie Ward (Mayor)

Cr Jordan Crugnale, Townsend Ward (Deputy Mayor)

Cr Andrew Phillips, Thompson Ward

Cr Bradley Drew, Anderson Ward

Cr Clare Le Serve, Leadbeater Ward

Cr Neil Rankine, Hovell Ward

Cr Phil Wright, Churchill Ward

Officers: Mr Paul Buckley, Chief Executive Officer

Mr Mark Brady, General Manager Governance and Organisation Development

Mr David Elder, General Manager Healthy Communities

Ms Felicity Sist, General Manager Infrastructure

Mrs Allison Jones, General Manager Sustainable Development and Growth

Ms Sarah Male, Governance Officer

Mr Steve Fuery, Web Communications Officer

Apologies: Nil



B Community Question Time

B .1 David Hamer, on behalf of the 4Shore Sk8 Park Committee - Funding for skatepark maintenance and supervison in the Shire

1. For the last five years, how much has been spent per year on skate park maintenance and supervision across the entire Shire, and how much per family?

Cr Brown responded using the figures from the following table:

Skate Park Maintenance & Supervision

2010/11 2011/12 2012/13 2013/14 2014/15 Total

Cowes, Inverloch, Wonthaggi

$110,197.62 $114,314.88 $118,575.84 $122,985.84 $127,550.37 $593,624.55

Mobile Skate Park: Corinella, Coronet Bay, Grantville, Newhaven

n/a n/a n/a $29,283.50 30,162.00 $59,445.50

Skate Park Programming Model Option (Staff)

$32,600.00 $33,904.00 $35,260.16 $36,670.57 $38,137.39 $176,572.12

Total $829,642.17

*NB: this excludes $100K investment by Council in capital investment during this time, primarily on mobile skate infrastructure.

2. Of the amounts included at question one, what amount was provided under contracts per year over the last five years?

Cr Brown responded using the figures from the table above.

3. When are the contracts due for renewal, and what is Council’s intention regarding renewal?

a. Will the contracts be renewed or not?

b. Will 4Shore Sk8 Park Committee be consulted in making the decision?

c. If the contracts are not renewed, will the funds continue to be allocated to skateparks either for ongoing operations or for capital improvements (such as a new skate facility), or will the funds be diverted to other activities of the Council?

Cr Brown responded that the entire YMCA contract is due for renewal from July 2015. Contracts are currently under negotiation and discussions to date cannot be disclosed for reasons of confidentiality. Certainly there is an opportunity for stakeholders such as 4Shore Sk8 to be consulted during this time to help inform discussions.

4. Has funding for skate park maintenance and supervision been allowed for in the 2015/16 budget at the same level as in past years?

5. Have any amounts been allowed for in the 2015/16 capital budget for a new skate



facility?

Cr Brown responded to both questions 4 and 5, advising that the draft 2015/16 Budget will be presented to Council on 22 April 2015 for consideration to release for public comment. Submissions from individuals and community groups are invited at this time. Details of specific allocations will also be available at this time.

B.2 Maurice Schinkel, Cowes - Independent Broad-based Anti-corruption Commission

Was Bass Coast Shire one of the Councils included in the Independent Broad-based Anti-corruption Commission’s review of integrity frameworks in six Victorian Councils?

Cr Brown advised that Bass Coast Shire Council was not included.

B.3 Les Larke, Wonthaggi - Wonthaggi Public Cemetery

I acknowledge the following:

1. Draft Cemetery Master Plan

2. Acknowledgement within Council’s Long Term Financial Plan (LTFP) that:

a. the LTFP needs to cover significant funding for the Cemetery; and

b. The Wonthaggi Cemetery Master Plan is currently undergoing a consultation phase. As the Long Term Financial Plan will be subject to regular review, the competing interests of Wonthaggi Cemetery Master Plan, will be incorporated into the Long Term Financial Plan once the Wonthaggi Cemetery Master Plan has been completed. The works and funds will then be subject to the Capital Investment Framework utilised by Council to determine the priority of funding allocations.

3. Further consultation opportunities in respect of the draft Cemetery Master Plan will be available during April/May 2015.

In this regard, and as an interim comment, it is considered that drainage and access/inclusion facilities are the two key strategic priorities as the foundation capital works required to move forward in a timely way for the benefit of all stakeholders, and for Council to give effect to appropriate and early remediation of the Cemetery given Council’s lack of governance and prudent financial management since 1971.

Question 1.

In relation to page 44 of the draft Wonthaggi Cemetery Master Plan will Council bring forward the following works to Stage 1 (1-5 years):

1. From Stage 2:

i. Carry out drainage works as per strategy’s recommendations;



ii. with any expansion of interment areas:

• Check for presence of graves and burial rights;

• Re-grade as required;

• Provide suitable drainage (Note that this item is incorrectly shown as a separate dot point in the Cemetery’s Master Plan).

iii. Provide access track as recommended in accessibility audit.

2. From Stage 3:

i. With any expansion of interment areas:

• Check for presence of graves and burial rights;

• Regrade as required;

• Provide suitable drainage (Note that this item is incorrectly shown as a separate dot point in the Cemetery’s Master Plan).

ii. Provide access track as recommended in accessibility audit

3. From Stage 3:

i. Stage 3 (10-50 years) is inappropriate. Will Council bring forward remaining Stage 3 items (10-50 years) to Stage 2 (5-10 years)?

Question 2

In relation to the Cemetery’s drainage, does Council consider this matter as high priority and in need of funding these capital works in its entirety in Council’s 2015/16 budgetary year? If not, why not and when?

Question 3

In relation to accessibility and inclusion, will Council comply with relevant Disability and Human Rights and Responsibilities legislation, and implement capital works and other solutions in Council’s 2015/16 budgetary year? If not, why not, and when?

Question 4

In relation to maintenance, will Council establish a substantial Cemetery Maintenance Fund in Perpetuity in recognition that Council has not set aside such funds since 1971? What us proposed in this regard, the $ amount to be set aside by Council in Trust for the Cemetery in the 2015/16 budgetary year? If not, why not, and when?

Cr Brown, on behalf of Council as the Cemetery Trust, thanked Mr Larke for his questions and comments in relation to the Draft Master Plan Report for Wonthaggi Cemetery.

Cr Brown advised that the Master Plan will be accessible to the community for feedback via Council’s website from Thursday, 16 April 2015 and Council Customer Service Centres, Visitor Information Centres and Libraries from Monday, 20 April 2015.

The consultation process will include the opportunity for written feedback and this will be received up until Friday, 15 May 2015. The information



collected through this community engagement process will be considered at the next Wonthaggi and San Remo Cemetery Trust meeting.

Cr Brown advised Mr Larke that his questions of today would be treated as feedback and will responded to in due course. Mr Larke was encouraged to provide more feedback during the consultation process.

In regards to funding, Council will consider funding arrangements in conjunction with its consideration of the Master Plan. Notwithstanding this, Council will shortly be releasing its 2015/16 Budget for consideration and feedback regarding cemetery funding would also be most welcome during this time.

B.4 Walter Broussard, Cowes - Blue Gum Reserve

On behalf of the ‘Friends of Blue Gum Nature Reserve (Cowes)”, will the CEO advise the meeting whether Bass Coast Shire has a schedule of all the permitted public uses for that Nature Reserve, and whether there are particular exclusion zones within that Reserve pertaining to some of those permitted uses?

Cr Brown advised that the Blue Gum Reserve is zoned Public Park and Recreation Zone within the Bass Coast Planning Scheme. The purpose of the zone is to recognise area for public recreation and open space; protect and conserve areas of significance; and to provide for commercial uses where it is appropriate to do so. Any new use such as, an office or retail premise for example, could only be considered if the use was associated with the public use.

There are no exclusion zones within the reserve.

B.5 Bernie McComb, Cowes - Community Energy

Disregarding CEG (Community Energy Working Group) how does BCSC feel about comparison with Moreland?

Search today at website leads to http://www.climatenewsnetwork.net/investors-chip-in-as-renewables-rise-towards-record-level/ but this relates to what might have been done in 2011/12. Brochure is interesting, except it only shows projected CO2 liability, with no targets, deadlines or any kind of plan for reduction.

Do you have any projects on the go which reflect the kind of commitment in Moreland, single project for 100kW on council roof and 10MW across Shire?

Or do our rates continue to pay big bucks to brown coal power cartel?

Cr Brown advised that Bass Coast is working to reduce Council’s carbon emissions, guided by the Council Plan 2013/17 and the Climate Change Plan 2014 – Part 1. The Draft Climate Change Plan – Part 2 is currently being developed, where an emissions reduction target is set for Council’s internally generated emissions. We have been working to capture, record and report on our greenhouse emissions since 2009.

Council has reduced its internally generated greenhouse emissions by 6% over five years (between 2009/10 and 2013/14). This includes installing a

http://www.climatenewsnetwork.net/investors-chip-in-as-renewables-rise-towards-record-level/

http://www.climatenewsnetwork.net/investors-chip-in-as-renewables-rise-towards-record-level/



total of 28 kW solar systems on various facilities across the municipality.

12kW – Inverloch Hub

5kW – Wonthaggi Civic Centre (building 4)

5kW – Wonthaggi Centennial Centre

2kW – Wonthaggi Depot

4kW – Cowes Depot

Other activities undertaken to reduce greenhouse gas emissions during this period include environmental upgrades to the Wonthaggi Civic Centre, including air-conditioning efficiency upgrades such as zoning and lighting updates, including daylight dimming and sensor installation. Lighting retrofits within the Inverloch Hub. Council undertakes energy audits to guide future investment in energy efficiencies across our facilities.

Large scale energy efficiency projects are being considered in the development of the emissions reduction target. We are mindful to consider potential project sites of the Southern Gippsland Community Energy Project, so that Council and this group are not vying for a same project type, site etc. Members of the public are invited to apply for membership on the Southern Gippsland Community Energy Project Steering Committee.

According to figures from the Clean Energy Regulator at the end of February 2015 across Bass Coast:

• 2,852 solar power systems had been installed with a capacity of 8,494kW.

• 12.6% of dwellings have solar installed

• 56 solar power systems have been installed in the 2014/15 financial year



B.6 Bernie McComb, Cowes - Vegetation damage

Mr McComb provided some photographs of vegetation damage between Mussel Rocks and Yacht Club

Have previously forwarded other photos, zoomed in to show collapsed tangle of dead trees and query for action. Advice received was that Shire had started a program of some kind of eradication, which would be cleaned up soon and seedlings were ordered for replanting. Weather has been suitable for this for a few weeks now. Is the action still coming?

Original trigger event was local paper fuss about people down towards Salt Water Creek, quietly knocking over trees, for views and lawn space. It seemed incongruous that there was no fuss about same destruction of trees had happened at a beach in the middle of Cowes. These photos are zoomed out compared with previous one. Damage cannot be seen but point is to draw attention to 3 big holes in the tree line.

How much work and when is scheduled to replant this embankment, obviously prone to erosion during winter storms?

Cr Brown responded that Council has commenced a program to rehabilitate bushland in the area between Mussel Rocks and the Cowes Yacht Club. In 2014 Council removed several mature Boxthorn from the area. Planting of 470 indigenous plants will be conducted in winter-Spring this year when conditions are best suited. In the meantime Council will undertake works in order to prepare the site for this planting, including weeds spraying.

Council investigated reports of deliberate vegetation removal in 2014. Council is continuing to monitor this site and no further vegetation removal has been observed.

B.7 Pauline Taylor, Cowes - Green waste

My question is about the vexatious issue of green waste. There is so much angst about this in the community that I am hoping Council could give a response to what and when will anything be done to provide to all ratepayers of this Shire a very crucial and important Council service?

Cr Brown advised that Council is currently preparing a Waste Management Strategy and the issue of green waste will be considered in the preparation of their strategy.



Mr Buckley added that the Waste Management Strategy will not be finalised in time for inclusion in this year’s budget (2015/16), however the current waste management contract does not expire until 30 June 2016.

B.8 Maurice Schinkel, Cowes - Agenda item E.1 Amendment C134

As the attachment for agenda item E.1 is only the three page Explanatory Report for Amendment C134, and, as the Council website does not contain any documentation for Amendment C134, just what is Council intending to send to Minister Wynne for approval? Cr Brown advised that the Explanatory Report explains the changes that are detailed within the Planning Scheme. The Planning Scheme is a large document so therefore not included as an attachment to tonight’s Council report. Mr Buckley added that there are no significant changes to policy within the Planning Scheme, it is simply a tidy up of typos, repetitions and updating the Council Plan.

B.9 Marnie Chadwick - Suicide support groups

I am concerned about the number of suicides, particularly in the young, and the horrendous effects that they have on those left behind. There are also issues that need to be addresses at a national level including the mental health system, before people succeed in committing the act.

However, my first question that I would like addressed is; are there any specific support groups locally for people to get support after suicide? And secondly; if not, would Council consider supporting such a group starting on the Island?

Support after Suicide – train somebody down here already in the health system to run a group down here.

Place to hold these events.

Grant money to help get it up and running and continue it.

Statistics:

Nationally suicide is higher than the road toll. Biggest cause of death amongst 15-24 year olds.

Cr Brown advised that she would take this question on notice to investigate and provide a response to Ms Chadwick.

B.10 Jason Cameron, Rhyll - Item E.3 27 lot subdivision Rhyll-Newhaven Road, Rhyll

Would Council consider amending condition 14(f) to require a construction start time of 8.00am Monday to Friday and no construction allowed on Saturday?

Cr Brown responded that Council will consider this request during debate of the item.



B.11 Ian Samuel, Cowes - Car ferry

If the Mornington Peninsula car ferry to Cowes is to be considered by the Victorian Government:

1. Will Bass Coast Shire Council have a part in discussions?

2. Will this include consideration of all potential terminal sites on Phillip Island?

Cr Brown advised that if the State Government does initiate discussions, Council will no doubt be involved in those discussions.

Cr Brown further advised that any discussions that were initiated would probably consider a number of sites.

B.12 Cr Phil Wright - Planning applications (Health Spa Newhaven, Caravan Park Forrest Caves, Intensive dairy farming and milk bottling facility Kernot), Bass Coast Shire Council and VicRoads meetings and Newhaven skate ramp

Cr Wright asked about the status of various planning applications:

Mr Buckley advised that the Newhaven Health Spa application is currently being assessed and some referrals have not yet been received. It is expected to be presented to Council for decision in May or June 2015.

Mr Buckley advised that the Forrest Caves Caravan Park application is also currently being assessed and some referrals have not yet been received. It is expected to be presented to Council for decision in August 2015.

Mr Buckley advised that amended plans for the Kernot dairy have been submitted, reducing the milk bottling facility to only operating one day per week and staging the feed barn development. There was also a new proposition for two entry/exit points to the property. It is expected to be presented to Council for decision in June 2015.

Submissions for the above applications will be accepted up until Council make their decision.

Cr Wright asked about the availability of minutes from Bass Coast Shire Council/VicRoads meetings.

Mr Buckley advised that generally minutes from these meetings are not kept.

Cr Wright asked about the future of the Newhaven skate ramp.

Mr Elder advised that the community requested a copy of the safety audit, as there were local builders prepared to donate their time to repair the skate ramp. The ramp has not been removed at this time, but a security fence has been erected around it. A structural engineers report has been commissioned to determine whether the ramp can be repaired. Once this has been received, Council will meet with the community to discuss options for the ramp’s future.



C Confirmation of Minutes

C.1 Ordinary Meeting held on 18 March 2015

Council Decision

Moved: Cr. Clare Le Serve / Seconded: Cr. Neil Rankine

That the minutes of the Ordinary Meeting held on 18 March 2015 be confirmed.

CARRIED

C.2 Special Meeting held on 25 March 2015

Council Decision


That the minutes of the Special Meeting held on 25 March 2015 be confirmed.

CARRIED



D Petitions and Deputations

Nil



Reports Requiring Council Decision



E Reports Requiring Council Decision

E.1 C134 - Implementation of Policy Neutral Changes to the Bass Coast Planning Scheme

File No: CM15/125 Department: Sustainable Development and

Growth Council Plan Strategic Objective: Effective Governance

Our leadership will be achieved through good governance, community engagement and excellence in service delivery.

Previous Items: SR5/14 - Review of Bass Coast Planning Scheme under Section

12(b) of the Planning & Environment Act 1987 - Council - 25 June 2014

Declaration

The author has no direct or indirect interests in relation to this report.

Summary

Amendment C134 seeks to implement the policy neutral recommendations to the Bass Coast Planning Scheme.

In brief the amendment will;

• Correct grammatical errors;

• Remove duplication;

• Insert the 2013 Council Plan;

• Remove outdated information.

The changes were recommended as part of the recent 12B Planning Scheme Review (2014), the Municipal Strategic Statement Review (MSS) (2011).

The changes will not introduce any new policy, nor will they change any existing policy or strategic directions. This allows the amendment to be fast tracked as it will not require exhibition, in accordance with Section 20(1) of the Planning and Environment Act 1987.

Further amendments will be undertaken in the future to deal with policy matters that were identified in the reviews.

Background

The most recent amendment to implement a Planning Scheme Review into the Planning Scheme was C85 in 2009. Amendment C85 implemented recommendations from a substantial 2008 MSS review.



In 2013 Amendment C133 was commenced to give effect to findings of the 2011 MSS review. C133 made changes that required exhibition and received nine submissions. Many of the submissions could not be resolved without further strategic work.

At its meeting held on 17 July 2013 Council resolved to abandon Amendment C133 for the following reasons:

• Submissions were received which raised a number of issues that required further strategic work and a Planning Panel;

• A comprehensive 12B review of the MSS was statutorily required to be undertaken by Council within 12 months of adopting the Council Plan;

• To avoid unnecessary costs.

The changes that have been incorporated into Amendment C134 draw on the recommendations of Council’s recent Bass Coast Planning Scheme 12B Review Report (2014) as well as issues that were raised during its 2011 MSS review.

Strategic Basis

Council Plan Principle: Improve our planning service outcome.

C134 is based on recommendations from two separate reviews of the Bass Coast Planning Scheme, as well as issues raised by Planning Scheme users. It is important to fix errors, remove duplication and outdated information and insert the current Council Plan into the Planning Scheme. This will allow for easier and more efficient use of the Planning Scheme.

Finances

All costs principally involve officer time and statutory fees set by State Government for Planning Scheme Amendments of $1596. Where possible, officers will seek a reduction or waiver of these fees.

Stakeholders

Bass Coast Shire Council and its community– the amendment will be a positive outcome for Council in other areas of service delivery by correcting and making clearer the existing policy objectives. This amendment will improve legibility of the planning scheme and result in better planning outcomes.

Statutory Requirements/Codes/Standards/Policies

Four yearly monitoring, audit and reporting of changes have been made through the Planning and Environment Act 1987. In June 2014 Council adopted the Bass Coast Planning Scheme 12B Review Report which provided Council with;

• An overview of the performance of the Bass Coast Planning Scheme;

• An understanding of what policy changes have occurred since this time;

• The strategic context in which planning is undertaken; and

• A program for future action.

Guidance about the correct form of a Municipal Strategic Statement is set out in Practice Note 4 – Writing a Municipal Strategic Statement. The purpose of this note is to;



• Clarify the role of the Municipal Strategic Statement in Planning Schemes;

• Provide guidance on the preferred format of the Municipal Strategic Statement;

• Provide guidance on how a Municipal Strategic Statement should be written.

Other Options

Council has two options;

Option 1: The first, as recommended by this report, is to request authorisation from the Minister for Planning to prepare Amendment C134 to the Bass Coast Planning Scheme and request under Section 20(4) of the Planning and Environment Act 1987 exemption from notice.

Implications: There are no negative implications to Council in seeking authorisation and approval for Amendment C134.

The proposed amendment will improve the existing function of the Bass Coast Planning Scheme by removing duplication, correcting grammatical errors, inserting the 2013 Council Plan and removing out of date information. The changes will not introduce any new policy, nor will they change any existing policy or strategic directions.

As part of the processing of the amendment it is proposed to seek exemption from exhibition under Section 20(4) of the Planning and Environment Act 1987. This is considered appropriate given that there are no changes to policy directions of the existing planning Scheme. Amendment C134 will seek to clarify and improve the legibility of the existing Planning Scheme.

Further amendments will be undertaken in the future to deal with policy matters that were identified in the reviews. These are likely to be undertaken as full planning scheme amendments.

Option 2: The second option is to not seek authorisation for Amendment C134.

Implications: It is important that Council removes errors and duplication, inserts the current Council Plan and removes out of date information from the Municipal Strategic Statement. Addressing and improving aspects of the Municipal Strategic Statement is an ongoing process and will increase the ease of use for decision makers, and other users of the Bass Coast Planning Scheme.

Officer’s Conclusion and Recommendation

It is important to keep the Bass Coast Planning Scheme up to date and free of errors and repetition in order to ensure it continues to be useable policy. The C134 Amendment will assist decision makers and users and is good governance.



Recommendation

That Council requests the Minister for Planning to prepare and approve Amendment C134 to the Bass Coast Planning Scheme, pursuant to Section 9 of the Planning and Environment Act 1987 to implement policy neutral changes to the Planning Scheme in accordance with the 2014 and 2011 Planning Scheme Review Reports and seek exemption from notice in accordance with Section 20(4) of the Planning and Environment Act 1987.

Attachments

AT-1 C134 Explanatory Report Authorisation 3 Pages

Council Decision

Moved: Cr. Neil Rankine / Seconded: Cr. Phil Wright

That the recommendation be adopted.

CARRIED



E.2 Cowes Activity Centre Plan Draft Report


Growth Council Plan Strategic Objective: Sustainable Development & Growth

Our built environment complements our landscape, lifestyle and climate.

Previous Items: SR4/14 - Commencement of Cowes Activity Centre Plan -

Council - 25 June 2014

Declaration


Summary

The purpose of this report is to present the draft Cowes Activity Centre Plan to Council and to seek approval to place the draft Plan on exhibition for a period of four weeks.

Background

The purpose of the Cowes Activity Centre Plan is to establish a vision for Cowes. The Activity Centre Plan will define the characteristics of Cowes, particularly in relation to activities, buildings, access and spaces. It also includes an implementation plan.

Strategic Basis

The Council Plan Vision is that:

The Bass Coast Shire will be recognised as a unique place of environmental significance where our quality of life and sense of community is balanced by sustainable and sensitive development, population and economic growth

Under Sustainable Development & Growth, the key strategic objective is that ‘Our built environment complements our landscape, lifestyle and climate’.

The Cowes Activity Centre Plan will establish a clear vision for the future development of Cowes and is proposed to be an action document, that will provide clear direction regarding implementation and provide the ability to leverage funds from State and Federal Government

In addition the development of the Cowes Activity Centre Plan is consistent with the Council Plan principle that ‘the social, environmental and economic priorities of the Shire benefit both current and future generations.’

Finances

Funding for the project is incorporated in the 2014/15 budget.

Funds of $150,000 has been granted by the State Government and this requires Council to deliver against the outputs and timelines detailed in the funding agreement.



The total project cost is $210,000.


The Cowes Activity Centre Plan has been developed to ensure it is consistent with State and Local Planning Policy as well as Ministerial directions and guidelines such as Planning Practice Note No.58 – Structure Planning for Activity Centres.

Stakeholders

The key stakeholders are:

• Community members of Cowes

• Traders including; retail, services and tourism

• Special interest groups

• Government agencies

We will engage with these key stakeholders through a range of communication channels:

• A marquee event in the Cowes Town Square (25, 26 and 27 April 2015)

• Notification by mail to owner/occupiers within the Town Centre boundary

• Media Release

• Print media advertising

• Bass Coast Shire website

• Twitter

• Customer Service offices

Other Options

There are two options available to Council.

Option One – The first option as recommended by this report is to release the draft Cowes Activity Centre Plan for community consultation.

Implications for Council – This option provides the opportunity for the community to provide feedback to Council on the draft Cowes Activity Centre Plan. This is important given the project commenced seeking community input and ideas. There may be the opportunity to refine and improve the draft based on the feedback received from the community.

Option Two – The second option is not to release the draft Cowes Activity Centre Plan for community consultation.

Implications for Council – This option is not considered appropriate as it does not provide the opportunity for the Council to hear the views of the community regarding the draft Cowes Activity Centre Plan prior to considering it for adoption in June 2015.




Councillors have received a number of briefings and progress reports including details of the community engagement activities. Councillors have also provided feedback on the draft Cowes Activity Centre Plan.

Based on the information provided, it is recommended that Council approve the release of the draft Cowes Activity Centre Plan for community consultation.

Recommendation

That Council approves the release of the draft Cowes Activity Centre Plan for community consultation.

Attachments

AT-1 Cowes Activity Centre Plan Summary 2 Pages

Council Decision

Moved: Cr. Andrew Phillips / Seconded: Cr. Phil Wright


CARRIED



E.3 140066 - 27 lot subdivision at 17-31 Rhyll-Newhaven Road, Rhyll




Application Details Use/Development Sought: 27 Lot Subdivision The Land: 17-31 Rhyll-Newhaven Road, Rhyll Planning Scheme: Bass Coast Planning Scheme Zoning: General Residential Zone Overlay: Design and Development Overlay –

Schedule 1 Vegetation Protection Overlay –

Schedule 2 Locality Plan: (refer attached)

Declaration


Executive Summary

Planning application 140066 seeks approval for a 27 lot subdivision of land at 17-31 Rhyll-Newhaven Road, Rhyll. The application was advertised and there were eight objections received. A consultation meeting was held with the applicant and objectors and this resulted in one objection being withdrawn. The application has been assessed against the relevant provisions of the Bass Coast Planning Scheme, the requirements of referral authorities and other Council departments and with regard to the concerns raised by objectors. The application is recommended for approval.

Proposed Use & Development

It is proposed to subdivide the subject site into 27 lots. The lots range in size from 609 to 981 square metres in area. The average lot size is 838 square metres. The lots are mostly rectangular in shape and have an average frontage width of 17.0 metres. Lots are orientated on a north-east to south-west axis. Each lot will be accessed via its own crossover.

There is a 16 metre wide internal road with court bowl end serving the lots. This is located midway off the Rhyll-Newhaven Road frontage.

A public open space area is provided within the south-west part of the subject site. It is irregular in shape and the plans show a site area of 2174 square metres is set aside for this purpose.

The bulk of the reserve is located off the end of the internal court bowl between Lots 17 and 18. The reserve connects through to Beach Road via a long narrow strip of land that is 7.62 metres wide.



There is an existing dwelling and outbuildings on the subject site which are to be removed.

Reason a Council Decision is required

This application has attracted seven objections. Council’s delegations require applications that attract five or more objections to be determined by Council.

Background

Subject Site

The subject site is located at 17-31 Rhyll-Newhaven Road, Rhyll on the south-east side of the road. It is formally known as Lot 1 on TP 851555R. It involves a large “L” shaped parcel of land which is 2.906 hectares in area. The bulk of the land forms a rectangle which has a frontage of 125.58 metres to Rhyll-Newhaven Road and a depth of 219.84 metres along the north-east boundary. The south-west boundary has a length of 348.56 metres and contains a long narrow section which connects with Beach Road to the south.

The front of the subject site is characterised by gently undulating land form which then falls away towards the rear of the site (Beach Road end).

There is a small dam, dwelling and outbuildings within the front western portion of the subject site. A gravel driveway provides access from Rhyll-Newhaven Road to the dwelling.

The subject site contains some vegetation that is generally located around the existing dwelling and along the southern boundary adjacent to 51 Beach Road. There is existing vegetation within the Rhyll-Newhaven Road road reserve.

Surrounds

The subject site is on the fringe of the Rhyll township settlement boundary. It is located approximately 850 metres south-west of the local shopping centre and the subject site connects through to Beach Road and the Rhyll foreshore.

The Cowes Activity Centre is readily accessible being approximately 6.5 kilometres to the east. This offers a wide range of commercial, community, educational and recreational facilities and services to the community.

On a more local scale, the subject site and adjacent land is located on the south-east side of Rhyll Newhaven Road which is in a General Residential Zone. This is characterised by a well-established residential area. On the opposite side of the road the land is in a Farming Zone.

The subject site is bounded by the following:

• To the north (opposite side of Rhyll Newhaven Road) – the Rhyll Trout & Bush Tucker Farm; and small rural holding (No 38 Rhyll-Newhaven Road).

• To the south (south-west and north-west) – Beach Road and the Rhyll foreshore area.

• To the east (north-east) – Generally conventional residential lots; fronting Franklyn Street and Felicia Avenue.

• To the west (south-west and north-west) - residential zone land comprising larger allotments offering future subdivision potential.



Notice

The applicant gave notice of the application in the following manner:

• Mail to adjoining and nearby property owners and occupiers; and

• Signs on the Rhyll-Newhaven Road and Beach Road frontages.

Submissions

There were eight submissions initially received to the proposal. Following a consultation meeting held with the applicant and objectors on 18/11/2014, there has been one withdrawal, leaving seven objections to the proposal.

Referrals

The application was referred to external agencies and Council Departments for comment and advice. A summary of the referrals and responses is included below.

External Referrals

Department of Environment and Primary Industry

The application was referred to the Department of Environment and Primary Industry (DEPI) pursuant to section 55 of the Planning and Environment Act 1987. The Department offered no objection subject to conditions relating to offset planting requirements to be included on any approval.

Melbourne Water

The application was referred to Melbourne Water pursuant to section 55 of the Planning and Environment Act 1987. Melbourne Water offered no objection subject to conditions being included on any approval.

Westernport Water

The application was referred to Westernport Water pursuant to section 55 of the Planning and Environment Act 1987. Westernport Water offered no objection subject to conditions being included on any approval.

SP AusNet

The application was referred to SP Ausnet pursuant to section 55 of the Planning and Environment Act 1987. SP AusNet offered no objection subject to conditions being included on any approval.

Australian Pipeline Group (APA)

The application was referred to APA Group pursuant to section 55 of the Planning and Environment Act 1987. APA Group offered no objection and no conditions.

VicRoads

The application was referred to VicRoads pursuant to section 52 of the Planning and Environment Act 1987. VicRoads offered no objection and no conditions.

Internal Referrals

Asset Management

The application was referred to Council’s Asset Management Department which indicated no objection and provided conditional consent to the application.



In summary the conditions require detailed construction plans including the link to Beach Road, vehicle and pedestrian access, drainage easements, the completion of works, removal of redundant infrastructure, no construction over easements and amenity during construction.

Revenue Services

The application was referred to Council’s Revenue Service Department who indicated no objection or requirements.

Environment

The application was referred to Council’s Environment Department who initially required further information relating to vegetation analysis, but were later satisfied given the comments received from DEPI regarding vegetation offset requirements.

Relevant Strategies

State Planning Policy Framework

The State Planning Policy Framework (SPPF) seeks to ensure that the objectives of planning in Victoria are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development.

The relevant policies are listed below:

Clause 11 (Settlement)

Clause 11.04-5 (Regional planning strategies and principles)

Objective

‘To develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable.’

Strategies

In summary relevant strategies seeks to:

- ‘Response to the impacts of climate change, natural hazards and community safety;

- Supports the growth of distinct and diverse regional settlements; and

- Promote liveable regional settlements and healthy communities.’

Clause 11.05-5 (Coastal settlement)

Objective

‘To plan for sustainable coastal development.’

Strategies

- ‘Encourage urban renewal and redevelopment opportunities within existing settlements to reduce the demand for urban sprawl.

- Direct residential and other urban development and infrastructure within defined settlement boundaries of existing settlements that are capable of accommodating growth.’

Clause 12 (Environment and landscape)

Clause 12.02-2 (Appropriate development of coastal areas)



Objective

‘To ensure development conserves, protects and seeks to enhance coastal biodiversity and ecological values.’

Strategies

- ‘Ensure development is sensitively sited and designed and respect the character of coastal settlements.

- Protect cultural heritage places, including Aboriginal places, archaeological sites and historic shipwrecks.’

Clause 15 (Appropriate development of coastal areas)

Clause 15.01-3 (Neighbourhood and subdivision design)

Objective

‘To ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable neighbourhoods.’

Strategies

- ‘In the development of new residential areas and in the redevelopment of existing areas, subdivision should be designed to crate liveable and sustainable communities by:

- creating compact neighbourhoods that have walkable distances between activities and where neighbourhood centres provide access to services and facilities to meet day to day needs.

- Providing a range of lot sizes to suit a variety of dwelling and household types to meet the needs and aspirations of different groups of people.

- Contributing to reducing car dependence by allowing for:

- Safe and attractive spaces and networks for walking and cycling.

- Subdivision layouts that allow easy movement within and between neighbourhoods.

- A convenient and safe road networks.’

Clause 15.01-4 (Design for safety)

Objective

‘To improve community safety and encourage neighoburhood design that makes people feel safe.’

Strategy

‘Ensure the design of buildings public spaces and the mix of activities contribute to safety and perceptions of safety.’

Clause 15.01-5 (Cultural identity and neighbourhood character)

Objective

‘To recognise and protect cultural identity, neighbourhood character and sense of place.’



Strategies

- ‘Ensure development responds and contributes to existing sense of place and cultural identity.

- Ensure development recognizes distinctive urban forms and layout and their relationship to landscape and vegetation.’

Clause 15.03-2 (Aboriginal cultural heritage)

Objective

‘To ensure the protection and conservation of places of Aboriginal cultural heritage significance.’

Strategy

‘Ensure that permit approvals align with recommendations of a Cultural Heritage Management plan approved under the Aboriginal Heritage act 2006.’

Clause 16 (Housing)

Clause 16.01-1 (Integrated housing)

Objective

‘To promote a housing market that meets community needs.’

Strategy

‘Ensure housing developments are integrated with infrastructure and services, whether they are located in existing suburbs, growth areas or regional towns.’

Clause 19 (Infrastructure)

Clause 19.03-3 (Stormwater)

Objective

‘To reduce the impact of stormwater on bays and catchments.’

Strategies

‘Support integrated planning of stormwater quality through a mix of on-site measures and developer contributions.

- Mitigate stormwater pollution from construction sites.

- Incorporate water-sensitive urban design techniques into developments to:

- Protect and enhance natural water systems.

- Integrate stormwater treatment into the landscape.

- Protect quality of water.

- Reduce run-off and peak flows.

- Minimise drainage and infrastructure costs.’



Council Policy

Local Planning Policy Framework

The Local Planning Policy Framework (LPPF) includes the Municipal Strategic Statement (MSS) and Local Policies. The MSS sets out the Council’s and the community’s vision for Bass Coast into the future.

The relevant policies are listed below.

Clause 21.05 (Settlement)

Clause 21.05-1 (Integrated housing)

Objective 1

‘To identify towns that are suitable for urban growth and to provide for sufficient land in these towns for growth until 2030.’

Strategy

‘Restrict urban development to existing urban areas.’

Objective 2

‘To ensure that residential development and related urban uses are restricted to existing or identified settlements.’

Strategy

‘Discourage urban growth beyond existing settlement boundaries of towns hot identified in the Settlement Hierarchy included in this Clause.

It is noted that Rhyll is identified as town with low spatial growth capacity. Contained growth is encouraged through infill capacity and defined settlement boundaries.’

Clause 21.06 (Land Use)

Clause 21.06-1 (Housing)

Objective 1

‘To increase housing densities and the consolidation of urban areas in appropriate locations and restrict increased housing densities and the consolidation of urban areas in inappropriate locations.’

Strategy

‘Discourage increased housing densities in Cape Paterson, Dalyston, Kilcunda, Bass, Corinella, Coronet Bay, Newhaven, Ventnor and Rhyll. Ensure that any development is consistent with the prevailing character of the area and is only located in areas where there is adequate infrastructure and community services.’

Objective 4

‘To ensure new residential development contributes to the new and upgraded infrastructure.’

Strategy

‘Ensure new residential developments contribute towards the provision of infrastructure.’

Clause 21.07 (Environment)

Clause 21.07-1 (Biodiversity Conservation and Habitat Protection)



Objective 4

‘To identify and protect good quality vegetation stands throughout the municipality.’

Strategy

‘Encourage the planting of locally indigenous and native vegetation species, while encouraging the removal of exotic and environmental weed species.’

Clause 21.08 (Landscape and Built Form)

Clause 21.08-3 (Urban Subdivision)

Objective

‘To encourage new residential subdivision estates to integrate with the existing community.’

Strategies

- ‘Ensure new residential subdivision estates to integrate with the existing community.

- Ensure that new subdivision maintain and enhance traditional street patterns of the locality.’

Clause 21.09 (Infrastructure)

Clause 21.09-1 (Transport)

Objective

‘To have an effective and efficient road network throughout the municipality.’

Strategy

‘Require full street construction and drainage works for all new subdivisions in urban areas.’

Clause 21.10 (Local Areas)

Clause 21.10-3 (Local Areas - Rhyll)

The Rhyll Structure Plan establishes a clear direction for the future physical form of Rhyll in that it defines a town boundary for residential development and precincts for consolidated commercial areas.

Settlement

‘Consolidating development within the existing residential zones.’

Land uses

‘Encouraging a mix of densities within the urban area to accommodate population growth without compromising the coastal village character.’

Landscape and built form

‘Maintaining the existing compact residential character of the urban area.

The subject site is located within the existing zoned urban area on the Rhyll Structure Plan.’



Planning Scheme Requirements

The following planning scheme controls apply to the subject site:

Zone

General Residential Zone (Clause 32.08)

The subject site is within a General Residential Zone, pursuant to the provisions of Clause 32.08, under the Bass Coast Planning Scheme.

A planning permit is required to subdivide the land under Clause 32.08-2. An application to subdivide land must meet the requirements of clause 56 of the Bass Coast Planning Scheme.

Overlays

Design and Development Overlay – Schedule 1

The subject site is affected by a Design and Development Overlay – Schedule 1, pursuant to Clause 43.02, under Bass Coast Planning Scheme.

A permit is required to subdivide land under Clause 43.02-3, unless exempt in the schedule to this overlay. Schedule 1 to the overlay does not exempt subdivision. A permit is therefore required to subdivide the land.

Vegetation Protection Overlay – Schedule 2

The subject site is affected by a Vegetation Protection Overlay – Schedule 2, pursuant to Clause 42.02, under the Bass Coast Planning Scheme.

A permit is required to remove, destroy or lop any vegetation specified in a schedule to this overlay. The exemptions in this clause do not apply.

Schedule 2 to the overlay requires a permit to “remove destroy or lop any tree or shrub with a girth greater than 30 centimetres (when measured 30 centimetres above ground level) or a height of at least two metres.”

Particular Provisions

Clause 52.01 - Public Open Space Contribution and Subdivision

The provisions of Clause 52.01 of the Bass Coast Planning Scheme enable that a public open space contribution be made to Council, under the requirements of section 18 of the Subdivision Act 1988. This is for 5 percent of the site value of the subject land.

Clause 52.17 – Native Vegetation

A permit is required to remove, destroy or lop native vegetation, including dead native vegetation pursuant to clause 52.17-2 of the Bass Coast Planning Scheme. The exemptions in the table to Clause 52.17-7 and in the Schedule to Clause 52.17 do not apply.

Clause 56 – Residential subdivision

An application to subdivide land must meet all of the specified objectives and should meet all of the specified standards.



Officer’s Considerations

State and Local Planning Policy Considerations

The proposed subdivision is supported by the State and Local planning policies.

Sustainable coastal development is encouraged through redevelopment opportunities within existing settlements areas which can accommodate growth, have access to the necessary infrastructure and which will protect the coastal values of an area (Clause 11).

The Rhyll Structure Plan establishes the township boundaries and its future land use direction, without compromising its coastal village character. The subject site is ideally located within the existing zoned urban area in the Plan.

The proposal offers a unique opportunity in Rhyll by providing for larger residential lot sizes which means that the existing coastal village character is maintained. This is considered an appropriate scale given the compact nature of Rhyll and as there are limited land opportunities available (Clause 21.10-3).

The proposal utilises a sustainable subdivision design which will provide future residents with an attractive, safe and liveable environment that will have a positive contribution to the local urban character. Consideration is given to connectivity with the foreshore area, the provision of public open space, walking and cycling routes and local traffic management. It provides opportunity for urban consolidation through infill development of a large residential zoned land parcel which is readily accessible to a range of physical infrastructure and community facilities and services located either locally or in nearby Cowes (Clauses 15.01, 15.02, 19, 21.09).

Vegetation protection of vegetation on Phillip Island, in particular native vegetation is achieved through the provision of overlay controls and the native vegetation provisions of the Bass Coast Planning Scheme. One of the key elements contributing to the local character of Rhyll is existing coastal bushland feel and this is highly valued by the community. It is the expectation of the community that the vegetation should be protected, or impact on this minimised wherever possible. There is limited vegetation existing on the subject site and the proposal has considered limiting any impact on this. There is some vegetation that is required to be removed, and a vegetation offset is proposed to replace the vegetation that is to be removed. This is supported the Department of Environment and Primary Industries and will also address concerns that have been raised by objectors. In addition to this a landscaping plan that is to be to the satisfaction of Council, will be required as a condition on any approval. In this regard it is considered that the proposal does comply with the relevant state and local policies relating to environment and local area character (Clauses 12.02, 21.07, 21.10).

Planning policy requires the protection and conservation of places of Aboriginal cultural heritage significance. A Cultural Heritage Management Plan has been prepared and confirming no Aboriginal cultural heritage or areas of Aboriginal archaeological sensitivity area located within the activity area (Clause 15.03).



General Residential Zone

It is considered that the proposal is consistent with the purpose of the General Residential Zone. The proposal is consistent with Planning Policies, is respectful of its local urban context and will facilitate opportunity to provide for infill development which is readily accessible to physical infrastructure and a range of services and transport networks. The configuration of the proposed subdivision is considered to be respectful the prevailing neighbourhood character.

Under the provisions of Clause 32.08-2 requires that the subdivision must meet with the specified requirements of Clause 56 (ResCode) of the Bass Coast Planning Scheme and a summary of this follows.

Clause 56 – Residential Subdivision Assessment

Clause 56.01 – Subdivision Site and Context Description and Design Response

The proposal is responsive to site features, constraints and opportunities. The subdivision design is considerate of neighbourhood character and its location in relation to community facilities and services. It proposes appropriate infill development that utilises existing physical infrastructure and which is responsive to its context within this existing residential part of the Rhyll township.

Clause 56.02 – Policy Implementation

The proposal is consistent with both State and Local Planning policies; including the Rhyll Township Strategy.

Clause 56.03 – Liveable and Sustainable Communities

The proposal creates a range of larger allotment sizes ranging between 627 - 931 square metres. The adopted development pattern is considered complementary to the local area. It offers opportunity to provide for a range of dwelling types, adopting environmentally sustainable design principles. Local shops and recreational areas area readily available within reasonable walking distance and the proposal allows for easy movement between residential areas.

Clause 56.04 – Lot Design

The subdivision layout and lots sizes respects the context in which it is located. Lot sizes vary between 627 - 931 square metres. This allows opportunity for the appropriate siting of dwellings, vehicles parking and landscaped areas and for dwellings to achieve maximum solar access. Each lot has its own street frontage which enables good surveillance into and from the property.

Clause 56.05 – Urban Landscape

The proposal is designed to integrate with the existing Rhyll township by linking in with the existing street and pedestrian networks. Whilst there is limited existing vegetation on site there is opportunity to provide for street planting and a landscape within the development. This requirement could be applied as a condition, should Council determine to issue a notice of decision to issue a permit. There is a public open space reserve provided within the southern part of the subdivision which will incorporates pedestrian access through to the Rhyll foreshore area.



Clause 56.06 - Access and Mobility Management

The proposal meets with vehicle and pedestrian access requirements. The proposal will not generate significant traffic within the area. It is within easy walking distance of local shops and recreational areas and provides for safe and easier pedestrian and cyclist movement. The subdivision connects with the Rhyll-Newhaven Road which in turn connects with major road networks within Phillip Island. In relation to street layout and construction, this requirement could be applied as a condition, should Council determine to issue a notice of decision to issue a permit.

Clause 56.07 - Integrated Water Management

The subdivision is serviced by reticulated drinking water and sewer.

The requirements of the relevant responsible authority could be applied as a condition, should Council determine to issue a notice of decision to issue a permit. Lots are of a size where there is opportunity to accommodate water tanks and grey water systems.

Clause 56.08 – Site Management

A site management site will control the risk of sediment and pollution entering the storm water system. This requirement could be applied as a condition, should Council determine to issue a notice of decision to issue a permit.

Clause 56.09 – Utilities

Provision of public utilities will be consistent with the requirements of the responsible authorities. This includes electricity, telecommunications, fire hydrants and public lighting. Shared trenching will be maximised where possible to reduce cones and take advantage of landscaping opportunities within the road reserves.

Public Open Space Contribution and Subdivision

The subdivision of the land incurs a public open space contribution which is 5% of the site value. The subdivision proposes this is to be provided a reservation on the subject site. Plans show that an area of 2174 square metres is set aside as public open space. However some of this land will include land set aside for drainage purposes. Further clarification is required between land which is set aside for drainage purposes and that which is incorporated into the 5% open space calculation.

The location of the public open space area is ideally suited in that it offers residents opportunity for passive recreation and pedestrian access link Rhyll-Newhaven Road with the Rhyll foreshore. The public open space contribution and the provision of pedestrian access through the development could be applied as a condition, should Council determine to issue a notice of decision to issue a permit.

Native vegetation removal

The removal of vegetation from the subject site is required to provide for the development of road access and earthworks associated with grading the site and the development of lots. There are ten trees proposed to be removed from within the site. It includes nine Eucalyptus ovata, which are indigenous to the area, and one Casuarina cunninghamiana, which is native to New South Wales and Queensland. Also a vegetation patch is proposed to be removed from within the Rhyll-Newhaven Road road reserve, located at the access point off the Rhyll-Newhaven Road.



Three Eucalyptus ovata (Swamp Gum) (Tree No 1-3) located at the front of the site are proposed to be removed to allow for the road access off Rhyll-Newhaven Road. Also three Eucalyptus ovata (Tree No 4-6) are proposed to be removed from Lots 26 and 27 to enable earthworks modifying the land form. A further three Eucalyptus ovata (Trees 8-10) require removal to enable access to lots 16 and 17. Tree No 7 (Casuarina cunninghamiana) is located centrally within Lot 21 and its removal is required to enable the siting of a future dwelling and for earthworks. The Arborist report indicates that these trees are generally of low significance with one being of moderate significance.

The applicant has reviewed the biodiversity value of the existing vegetation on the subject site and within the road reservation.

The subdivision design process has considered the principles of trying to avoid and minimise any impact upon the existing vegetation, with the outcome of offsetting vegetation where this is not possible. In this regard the Department of Environment and Primary Industries has indicated that it has no objection to the granting of a permit. It does require that prior to works commencing an offset equating to .095 General Biodiversity Equivalence units, must be obtained to compensate for the native vegetation loss. All other offset requirements including the offset location needs to be in accordance with the Biodiversity Assessment Report submitted with the application. This requirement could be applied as a condition, should Council determine to issue a notice of decision to issue a permit.

Cultural Heritage Management Plan

A Cultural Heritage Management Plan has been prepared in relation to the subject site by JEM Archaeology. This was endorsed by Aboriginal Affairs Victoria on 3/09/2014. A desk top analysis indicated there have been no recorded Aboriginal places located within the activity area or within 200 metres of it. It considered however that there may be some aboriginal cultural heritage present within the activity site because of its proximity to the coast. As a result an archeological survey followed, including subsurface testing at two areas of potential sensitivity identified on site. This resulted in no findings. It is noted that Aboriginal Affairs Victoria require that a copy of the Cultural Heritage Management Plans be held on the site during the construction stage. This requirement could be applied as a condition, should Council determine to issue a notice of decision to issue a permit.

Response to objectors’ submissions

The concerns raised by objectors have been largely dealt with in the body of this report including:

Water runoff will impact on the nearby trout farm on the opposite site of Rhyll-Newhaven.

Concerns were raised that contaminates in water runoff from the development may impact upon the fish and viability of the nearby trout farm. The application was referred to relevant referral authorities and Council’s Assets Management who raised no objection subject to requirements dealing with these matters. These requirements could be applied as conditions, should Council determine to issue a notice of decision to issue a permit.

No footpaths provided along Rhyll-Newhaven Road which is dangerous for pedestrians who walk on the road.



Concerns were raised by objectors about there currently being no footpaths along the Rhyll-Newhaven Road which is dangerous for pedestrians. The objectors consider this problem would be exacerbated with an increase in residents. The application was referred to Council’s Assets Management department who required that a footpath be provided along the road frontage and through the subject site connecting with Beach Road. This requirement could be applied as a condition, should Council determine to issue a notice of decision to issue a permit.

Native vegetation offset planting should occur on public land within the Rhyll township.

The application was referred to the Department of Environment and Primary Industries who raised no concerns in relation to vegetation removal. The Department has indicated that offset planting requirements are to be secured by the applicant prior to any works commencing. This requirement could be applied as a condition, should Council determine to issue a notice of decision to issue a permit.

Vegetation offsets should be located in a suitable site with suitable species and maintains.

This matter is discussed above and would form part of the offset requirements. This requirement could be applied as a condition, should Council determine to issue a notice of decision to issue a permit.

There should be minimal impact on roadside vegetation in Rhyll-Newhaven Road to provide access into the site.

The Department of Environment and Primary Industries did not raise any objection to the removal of vegetation from within the Rhyll-Newhaven Road road reserve as discussed earlier. This is required to provide access into the site and to ensure community and vehicle safety.

Pedestrian access should be provided through the development to link with Beach Road via a landscaped reserve.

As discussed earlier a pedestrian link is provided for between Rhyll-Newhaven Road and Beach Road. This requirement could be applied as a condition, should Council determine to issue a notice of decision to issue a permit.

The density of the development is not in keeping with the local area character and will have an amenity impact.

This matter has been considered within this report. The density of the development and the proposed lot sizes are considered to be generous, in keeping with neighbourhood character and would not impact on the amenity of the area.

The proposal does not facilitate a good sustainable design outcome.

This matter has been considered within this report. The proposal allows for large lot sizes which will receive good solar access. It also allows opportunity to adopt environmentally sustainable design principles in any development design on the land. The subdivision allows for a high degree of permeability.

There is limited opportunity for lots to contain a dwelling, adequate vehicular parking area and landscaping.

The proposed lots are of a generous size and will provide sufficient space for vehicular parking and landscaping around dwellings.



Local traffic management has not been considered in the development proposal.

Council’s Assets Management Department advised of no local traffic management issues which could not be addressed by conditions on permit. VicRoads had also provided comment and no objection to the proposal.

There is potential for stormwater related issues and overshadowing from future buildings along the southern site boundary.

Council’s Assets Management Department have indicated no objections and provided requirements in relation to stormwater, which will need to be connected to a legal point of discharge.

The objector has requested a five metre building setback measured from the southern site boundary to prevent any overshadowing from future buildings. As discussed earlier, the lots are of a generous size and would readily be able to accommodate a future dwelling with sufficient setbacks. This would be a consideration of the appropriate permit mechanism at the time of application.

Stormwater and drainage should be treated before entering the bay and not allowed to cause any erosion of the cliff.

The application was referred to the relevant referral authorities and Council’s Assets Management department who raised no objection subject to requirements being met to address any water leaving the site. This requirement could be applied as a condition, should Council determine to issue a notice of decision to issue a permit.

There should be no vehicle access to the site from Beach Road or into public open space areas.

It is proposed that there would only be pedestrian access from Beach Road into the site. The pedestrian access at this point would be via land that is to be transferred to Council for public open space purposes. This will be managed by Council upon transfer. Control mechanisms could be installed to prevent vehicle access into public open space areas and from Beach Road. This requirement could be applied as a condition, should Council determine to issue a notice of decision to issue a permit.

Conclusion

The proposed 27 lot subdivision proposed for 17-31 Rhyll-Newhaven Road, Rhyll is considered to generally be consistent with the relevant provisions of the Bass Coast Planning Scheme. This includes the State and Local Planning Policies, the General Residential Zone and the overlay controls. The proposal is considered to reflect the future strategic direction for Rhyll and is in keeping with local area character. The proposal has undergone a notification process and the concerns of all objectors have been considered and addressed in the report. It is satisfied that the proposal will not result in any detriment to other parties.

The proposal is considered to be appropriate for the site and approval is recommended.



Recommendation

That in relation to planning permit application 140066 for a 27 lot subdivision and native vegetation removal located at 17-31 Rhyll-Newhaven Road, Rhyll, Council resolves to issue a Notice of Decision to Grant a Permit subject to the following conditions:

Amended plans

1. Before the plan of subdivision is certified under the Subdivision Act 1988, the plans outlined below must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plan must be generally in accordance with the “Proposed of subdivision prepared by Nilsson Noel & Holmes (Surveyors)Pty Ltd, PS726403E, version 02, Ref 3968, for 17-31 Rhyll-Newhaven Road, Rhyll”, dated received 4 April 2014”, submitted with the application and show:

a. An amended Development plan showing:

i. Pedestrian footpaths as required by Condition 4(b) of this permit;

ii. The drainage reserve to be located with the south-west portion of the subject land;

b. Detailed civil construction plans as required by Condition 4 of this permit;

c. Native vegetation offset requirements by DEPI as per condition 34;

d. A landscape plan as required by Condition 11 of this permit; and

e. A construction management plan as required by Condition 14 of this permit.

General Conditions

2. The layout and site dimensions of the hereby approved subdivision as shown on the endorsed plan/s must not be altered without the written consent of the Responsible Authority. There are no requirements to modify the endorsed plan if a plan is certified under the provisions of the Subdivision Act 1988 that is generally in accordance with the endorsed plan/s.

Public Open Space Contribution

3. Before a Statement of Compliance is issued under the Subdivision Act 1988 for any stage of the subdivision permitted by this permit, the following must be undertaken:



a. pursuant to Section 18(1) of the Subdivision Act 1988, the applicant or owner must pay to the Responsible Authority a sum equivalent to five (5) percent for the site value of all the land in the subdivision for the purpose of a public open space contribution.

Assets Management

4. Before the subdivision works commence, detailed civil construction plans must be prepared to the satisfaction of the Responsible Authority for endorsement by the Responsible Authority. All construction plans submitted for approval must be consistent with this permit and must conform with the requirements of all relevant servicing and road authorities, and in particular water, sewerage, drainage, telephone power, VicRoads and Council. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must show:

a. Drainage of the subject land including:

i. compliance with the Best Practice Environmental Management Guidelines for Urban Stormwater and Bass Coast Shire Stormwater Management Plan (2003). Any quality treatment proposed in accordance with these Guidelines;

ii. a drainage retardation system on the subject land serving each lot allowing an unrestricted flow path for 1 in 100 year extreme event storm flows. The drainage retardation system must discharge to the existing underground system/legal point of discharge and be maintained to the satisfaction of the Responsible Authority;

iii. consideration of any buildings and works and landscaping in relation to any detrimental impacts to underground drainage pipes located on any existing or proposed drainage or sewerage easement; and

b. vehicle and pedestrian access and car parking including:

i. concrete driveways and driveway entrance culverts in accordance with Council’s Standard Drawings;

ii. a footpath on the frontage of the land and including a footpath link through to Beach Road;

iii. car parking areas and access ways to be designed, constructed and sealed with an all-weather seal pavement to the satisfaction of the Responsible Authority;



iv. car parking spaces and access aisles designed in accordance with the Australian Standard for off-street car parking AS 2890.1 - 2004.

v. lockable bollards are to be provided for vehicle maintenance access along the reserve frontages.

All works must be constructed or carried out in accordance with those plans.

5. Vehicle, pedestrian access and drainage to serve the subject land must be located, constructed and maintained for defects to the satisfaction of the Responsible Authority including a concrete driveway cross-over/entrance culvert in accordance with the Council’s Standard Drawings.

6. Prior to the certification of the Plan of Subdivision, drainage easements in accordance with the approved retardation system design plans shall be included on the Plan of Subdivision including the protection of any drainage retardation system control pits and common drainage infrastructure to the satisfaction of the Responsible Authority.

7. Prior to the issue of a Statement of Compliance the developer must pay:

a. 0.75% of the total estimated cost of the civil works of the project for the checking of engineering plans associated with the development by this permit; and

b. 2.5% of the total estimated cost of the civil works of the project for the supervision of works associated with the development approved by this permit.

8. Prior to the issue of a Statement of Compliance all public works must be completed to the satisfaction of the Responsible Authority including:

a. redundant vehicle crossings must be removed and the area reinstated with the appropriate kerbing and channelling and then landscaped, to the satisfaction of the Responsible Authority;

b. street lighting must be provided in accordance with Councils Street Lighting Policy;

c. all nature strips must be planted with trees of species approved by the Responsible Authority, at one tree per fifteen metres of frontage or one per allotment, whichever is the lesser;



d. the boundary of the allotments abutting the area to be reserved for public open space must be fenced. Such fencing must be constructed to the standard required by the Responsible Authority and must be constructed so that the fence posts and rails are not exposed on the side of the land so reserved and must be compatible with other residential fences within the subdivision;

e. any reserves must be cleared of all rubbish, weeds, debris and spoil and must be landscaped to the satisfaction of the Responsible Authority.

f. Such landscaping must be in accordance with a plan approved by the Responsible Authority; and

g. all roads, drains and footpaths constructed in accordance with Councils Standard Drawings.

9. Any redundant infrastructure shall be removed and the area reinstated to the satisfaction of the Responsible Authority.

10. No buildings or works shall be constructed on any existing (including implied sewer, drainage, telephone, power and water easement) or proposed easement without the further approval in writing of the Responsible Authority and/or the relevant service provider.

Landscaping

11. Before the plan of subdivision is certified under the Subdivision Act 1988, a landscape plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan must be drawn to scale with dimensions and three copies must be provided. The landscaping plan must prepared by a qualified landscape architect and show

a. details of surface finishes of pathways and driveways

b. details of fencing treatments for those allotments which will abut pedestrian linkages and public open space areas; any fencing must maximise opportunities for passive surveillance of the public areas.

c. details of the street lighting proposed for the subdivision

d. details of the landscaping for road verges, reserves and pedestrian linkages and footpaths including a proposed a planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, planting sizes, sizes at maturity, and quantities of each plant;

e. only the use of plant species indigenous to the locality;



f. all species selected must be to the satisfaction of the Responsible Authority.

When approved, the plan will be endorsed and will then form part of the permit. The landscaping shown on the endorsed plans must be thereafter maintained to the satisfaction of the Responsible to be replaced.

12. Before the statement of compliance is issued or by another date approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority.

13. The landscaping shown on the endorsed plans must be thereafter maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced.

Construction Management Plan

14. Before the plan of subdivision is certified under the Subdivision Act 1988, a Construction Management Plan (CMP) must be prepared to the satisfaction of the Responsible Authority for endorsement by the Responsible Authority. The plan must address, but not be limited to the following:

a. all vehicles movements involved in construction works for the subdivision and development hereby approved must be undertaken from the access road to be located along Rhyll-Newhaven Road unless further permission is given in writing by the Responsible Authority.

b. the access entrances must be constructed with a temporary seal pavement or better to the satisfaction of Responsible Authority and maintained to ensure that no sediment or debris spills over onto these roads.

c. a truck wheel-wash must be installed and used or a similar arrangement employed so vehicles leaving the site do not deposit mud or other materials on roadways;

d. staging of the development and a schedule of all works for the site including timelines for the commencement and completion of stages;

e. landscaping and construction works carried out on the site must be supervised by a person with recognised environmental qualifications;



f. hours of construction work. The CMP must provide that such hours are to be 7.00am – 5.30pm Monday to Friday; 7.00am – 1.00pm on Saturday, with no construction on Sunday or public holidays. This may be extended with the consent of the Responsible Authority and provided all adjoining residents are notified prior to the extended hours of construction.

g. all deliveries, unloading and collection of materials associated with the construction phase of the development must occur within the hours of construction work, unless further permission is given in writing by the Responsible Authority;

h. location of the construction workers compound, to be sited to minimise any amenity impacts;

i. management of all building and construction waste, including any measures to recycle materials generated during construction;

j. procedures to protect adjacent land uses during the construction of the development;

k. locations of cut and fill stockpiles;

l. the gravel and any other approved soil-derived material used in the construction of pedestrian links and paths must be guaranteed Phytophthora free;

m. the requirements of all servicing authorities.

n. a liaison officer for contact by residents and the Responsible Authority in the event of relevant queries or problems experienced;

o. timing of bulk earth works and details of any contingency plan that will cause bulk earth works to be suspended (for example, after significant and prolonged rain event);

p. actions to be taken to prevent the discharge of dust, sediment and litter during construction activities at the site and in the course of significant rain and high winds.

q. clean up procedures in the event of build-up of matter within and outside of the site; and

r. reporting requirements to demonstrate compliance with the following:

i. EPA guidelines for Major Construction Sites and Techniques for Sediment Pollution Control and other provisions of the approved EMP;



ii. Best Practice Environmental Management Guidelines for Urban Stormwater;

iii. Environmental Guidelines for Urban Stormwater (EPA Publication No. 480, December 1995); and

iv. Construction Techniques for Sediment Pollution Control (EPA Publication No. 275, May 1991).

15. The Construction Management Plan, once endorsed, will form part of the permit. All works constructed or carried out must be in accordance with the approved Construction Management Plan. All care must be taken to minimise the effect of construction activity on the amenity of the surrounding neighbourhood. Once endorsed, the Construction Management Plan must not be altered except with the written consent of the Responsible Authority.

Amenity Conditions

16. The subdivision must be managed (during construction) so that the amenity of the area is not detrimentally affected through the:

a. transport of materials, goods or commodities to or from the land;

b. appearance of any building, works or materials;

c. emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, litter, dust, waste water, waste products, grit or oil; and

d. presence of vermin or animals.

17. No mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter, chemicals, sediments, gross pollutants, animal waste or domestic waste shall be washed into, allowed to enter or discharged to the stormwater drainage system, receiving waters or surrounding land and road reserves, during the construction works hereby approved to the satisfaction of the Responsible Authority.

Telecommunications

18. Before the issue of a Statement of Compliance for any stage of the subdivision under the Subdivisions Act 1988, the owner of the land must provide written confirmation from:

a. a telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time.



b. a suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network will not be provided by optical fibre.

Westernport Water

19. Payment of a New Customer Contribution Fees and distribution contribution for water supply for the development, such amount being determined by the Corporation at the time of payment.

20. Provision of a reticulated water supply and associated construction works to each allotment within the development, at the developers expense, in accordance with standards of construction adopted by and to the satisfaction of Westernport Region Water Corporation

21. Payment of any outstanding contribution towards existing water schemes, such amount being determined by the Corporation at the time of payment.

22. Provision of separate water services and individual water supply meters to each allotment within the development.

23. Any existing water service which crosses any of the proposed allotment boundaries within the proposed development must be disconnected and re-located at the developer’s expense, to be wholly within one allotment only and to the satisfaction of Westernport Region Water Corporation;

24. Payment of a New Customer Contributions Fees and trunk sewer contribution for sewerage services to the development, such amount being determined by the Corporation at the time of payment.

25. Provision of reticulated sewerage and associated construction works to each allotment within the development, at the developer’s expense, in accordance with standards of construction adopted by and to the satisfaction of Westernport Region Water Corporation.

26. Payment of any outstanding contributions towards existing sewerage schemes, such amount being determined by the Corporation at the time of payment.

27. Disconnection of any existing house connection drain crossing over proposed allotment boundari3es, and each allotment to be independently and directly connected to a sewer main of Westernport Region Water Corporation.



28. Provision of easements in favour of Westernport Region Water Corporation over all existing and proposed sewer mains located within private property;

29. Preparation of a digitized plan of subdivision and ancillary requirements in accordance with the Corporations drafting standards and practices;

30. The operator under this permit must enter into an Agreement with Westernport Region Water Corporation relating to the design and construction of any sewerage or water works required to service the proposed development;

31. The form of such Agreement shall be to the satisfaction of Westernport Region Water Corporation. A copy of the format of the Agreement will be provided on requires.

Melbourne Water

32. Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water’s drains or waterways.

33. Prior to Certification, the plan of Subdivision must be referred to Melbourne Water, in accordance with Section 8 of the Subdivision Act 1988.

SPAusNet

34. The applicant must:

a. Enter in an agreement with SPI Electricity Pty Ltd for supply of electricity to each lot on the endorsed plan.

b. Enter in an agreement with SPI Electricity Pty Ltd for the rearrangement of the existing electricity supply system;

c. Enter in an agreement with SPI Electricity Pty Ltd for rearrangement of the points of supply to any existing installations affected by any private electric power line which would cross a boundary created by the subdivision, or by such means as may be agreed by SPI Electricity Pty Ltd;

d. Obtain for the use of SPI Electricity Pty Ltd a copy of the plan of subdivision submitted for certification that shows any amendments that have been required;

e. Agree to provide alternative electricity supply to lot owners and/or each lot until such time as permanent supply is available to the development by SPI Electricity Pty Ltd. Individual generators must be provided at each supply point. The generator for temporary supply must be installed in such a manner as to comply with the Electricity Safety Act 1998.



f. Ensure that all necessary auditing is completed to the satisfaction of SPI Electricity Pty Ltd to allow the new network assets to be safely connected to the distribution network.

Department of Environment and Primary Industries

35. Prior to works commencing an offset equating to .095 General Biodiversity Equivalence units, must be obtained to compensate for the loss of native vegetation on site and within the road reserve. All other offset requirements including the offset location needs to be in accordance with the Biodiversity Assessment Report submitted with the application.

Aboriginal Affairs Victoria

36. A copy of the Cultural Heritage Management Plan, Number 13067, Residential Subdivision, 17-31 Rhyll-Newhaven Road, Rhyll, Victoria, prepared by JEM Archaeology, Dated 5 August 2014, must be held on site during the activity.

Expiry Condition

37. This permit will expire if:

a. the plan of subdivision is not certified within two (2) years of the date of this permit; or

b. the subdivision is not completed within five (5) years of the date of certification.

The Responsible Authority may extend the time if a request is made in writing before the permit expires or within six months afterwards.

Please note that a Plan of Subdivision must be lodged for registration with the Land Titles Registry not later than five (5) years after the date of first certification. If this does not occur, the Plan of Subdivision lapses pursuant to the Subdivision Act 1988 and cannot be revived.

Note


A Road Occupation Permit shall be required for any works undertaken in the road adjoining the subject land (subject to this permit). This includes works associated with driveway construction or service connections for drainage, power, telephone, water and sewerage or easement and drainage works.



Attachments

AT-1 140066 - Locality Plan 1 Page

AT-2 140066 Rhyll Settlement Boundary Map 1 Page

AT-3 140066 - Application form 4 Pages

AT-4 140066 - Planning Report 19 Pages

AT-5 140066 - Proposed Development Plans 7 Pages

AT-6 CONFIDENTIAL - 140066 - Submissions 24 Pages

AT-7 CONFIDENTIAL - 140066 - Submissions part 2 13 Pages

Council Decision

Moved: Cr. Phil Wright / Seconded: Cr. Bradley Drew


CARRIED



E.4 140167 - Use and development of a self-serve service station at 6 Webb Drive, Wonthaggi




Application Details Use/Development Sought: Service station The Land: 6 (Crown Allotment 10, Section 109)

Webb Drive, Wonthaggi Planning Scheme: Bass Coast Planning Scheme Zoning: Industrial 1 Zone Overlays: Not affected by any overlays Locality Plan: (refer attached)

Declaration


Executive Summary

It is proposed to install a 30KL diesel refueling facility within the frontage of the subject site. The facility will be unmanned and open to the general public 24 hours, 7 days per week. Whilst it will be open to the public, the intention of the facility is to support the bus depot (that operates from the balance of the site) with efficient access to fuel.

The Bass Coast Planning Scheme defines the proposed facility as a ‘service station’; and a planning permit is triggered for its use and development because it is located within 30 metres of a vacant residentially zoned parcel of land known as 9 Inverloch Road, Wonthaggi.

The application was advertised and attracted five objections. The objectors are primarily concerned with land use conflicts.

The merits of the application have been considered against the relevant provisions of the Bass Coast Planning Scheme and it is recommended that Council should resolve to support this application because the proposed service station is separated an adequate distance from residential land to avoid any adverse off-site amenity impacts; and the proposed layout of the facility provides for safe vehicle movements.

Proposed Use & Development

Approval is sought to use and develop a self-service service station.

This description of the proposal is based on the plans referenced as:



“Prepared by HAZKEM titled URG Wonthaggi 6 Webb Drive Wonthaggi, Project Number HAZ-1833 dated 22 September 2014 (dated received by Council) and includes 10 pages.”

The assessed plans are included in ‘Attachment 2’ to this report.

The refueling station will be located within the northwest corner of the site. The diesel tank will be setback approximately 3 metres from the site’s frontage and 3 metres from the boundary shared with 11 Bass Highway, Wonthaggi.

The refueling facility will occupy approximately 74.24 square metres of the site and comprise an aboveground 30KL self bunded diesel tank, with two associated dispensing units attached to the tank; an impervious concrete containment slab; and a triple interceptor unit. The tanks overall design is proposed to appear as a shipping container with the company’s logo printed on the side. A planning permit is not required to display the company logo and other business identification because the total area of the signage does not exceed 8.0 square metres. The photograph included at ‘Attachment 3’ of this report depicts a similar aboveground tank.

The service station has been designed in accordance with Australian Standard 1692:2006 “Steel Tanks for Flammable and Combustible Liquids” and Australian Standard/New Zealand Standard 1940:2004, “the storage and handling of flammable and combustible liquids” which require stringent controls to prevent spills and fire.

Vehicle movements to access the facility are proposed across the site from north to north-west. That is, it is proposed for vehicles to enter the site via the existing 12.43 metre earthen crossover and exit via a proposed earthen crossover measuring 13.16 metres.

Reason a Council Decision is required

This application attracted five objections; Council’s delegations require applications that attract five or more objections to be determined by Council.

Background

Subject Site

The subject site is located at 6 Webb Drive, Wonthaggi and formally described as Crown Allotment 10, Section 109 Township of Wonthaggi.

The site is rectangular with an articulated frontage to Webb Drive measuring 43.46 metres. The depth of the site is approximately 118.0 metres. The land area of site measures approximately 4932 square metres.

The topography of the site is generally flat with a slight fall towards the side boundary shared with 8 Webb Drive.

The subject site is currently used and developed with a ‘vehicle store’ that is primarily used for buses, however taxi’s also use the site. The Bass Coast Planning Scheme nests this land use within the ‘warehouse group’. Pursuant to the site’s Industrial 1 Zoning the current land use is as-of-right and does not trigger a planning permit.

The site is devoid of vegetation except for a row of Melaleuca that is located along the boundary shared with 8 Webb Drive.

Access to the site is obtained via a single gravel cross-over; the remainder of the allotment’s surface remains unsealed.



The site is capable of being connected to physical infrastructure and there is a drainage easement located along the rear boundary.

Surrounds

The subject site is located in Wonthaggi’s Industrial Precinct, approximately 800 metres east of the existing Commercial Activity Area.

Webb Drive road reserve fronts the subject site and is accessed directly from Inverloch Road (Bass Highway). The Webb Drive road reserve features an 8 metre road formation to service the industrial and residential allotments. The road reserve also features a 37 metre vegetated area in front of the residential properties known as 5, 7, 9, 11 and 15 Webb Drive.

The road formation in Webb Drive also forms the boundary between the Industrial and General Residential Zones. The residential properties are setback between 20 metres and 50 metres, from the Industrial properties. Of those residential allotments in proximity to the subject site, all are used for residential purposes except, 9 Inverloch Road, 9 Webb Drive and 11 Webb Drive.

The industrial allotments fronting Webb Drive are of the same proportions as the subject site and used for a range of industrial uses.

Notice

The subject site is located within 30 metres of land (not a road) that is in a residential zone and therefore not exempt from notification requirements. As the Responsible Authority was not satisfied that approval of the application would not cause material detriment, the applicant was required to undertake notification in accordance with Section 52 of the Planning and Environment Act 1987.

The applicant gave notice in the following manner:

• Sending a copy of the notice to the owners and occupiers of 10 surrounding land owners; and

• Placing a copy of the notice on the site’s street frontage.

Submissions

Five objections were received in response to notification. A summary of the objectors concerns include:

• Increased traffic

• Concerned with vehicles entering, exiting and manoeuvring within the site

• Conflicts with residential land use

• Fire and explosion hazard

• Adversely impact environment (fuel spills)

• Air and noise pollution

• Light spill

• Devalue residencies



Referrals

External Referrals

The application did not require referral in accordance with Section 55 of the Planning and Environment Act 1987.

Internal Referrals

The application was referred internally to Council’s Assets Management Team who provided conditional consent to the application.

Should Council resolve to issue a notice of decision to issue a planning permit, it is recommended that the Asset Management conditions, summarised below, be placed on the planning permit:

• Concrete crossovers and driveways to accommodate B-Double vehicles

• Drainage pits on both sides of Webb Drive to be reconstructed to a level that will prevent damage from B-Double vehicles

• Concrete pad at the refuelling point to be connected to the concrete crossover

Relevant Strategies

State Planning Policy Framework

The State policies as relevant to this application include:

• Clause 17.02-1 (Economic Development – Industry – Industrial land development) has the objective ‘To ensure the availability of land for industry’.

• Clause 17.02-2 (Economic Development – Industry – Design of industrial development) has the objective ‘To facilitate the sustainable development and operation of industry and research and development activity’.

• Clause 13.04-1 (Environmental Risks – Noise abatement) has the objective ‘To assist the control of noise effects on sensitive land uses’.

• Clause 13.04-2 (Environmental Risks – Air Quality) has the objective ‘To assist the protection and improvement of air quality.’

Council Policy

Local Planning Policy Framework

The Local policies as relevant to this application include:

• Clause 21.06-3 (Land Use – Industry) has the objective ‘To facilitate the establishment and further development of industry in the Shire’; and Tto promote the development of certain industry in appropriate locations.’

• Clause 21.10-11 (Local areas – Wonthaggi) has the following objectives which are relevant to the assessment of this application:

o Land Use - Encouraging industrial and associated uses to locate away from residential and recreational areas.

o Industrial - Supporting a consolidated industrial precinct located south of Inverloch Road, as shown in the Wonthaggi Strategic Framework Plan.



o Industrial - Encouraging the relocation of existing industrial uses to appropriate areas as shown in the Wonthaggi Strategic Framework Plan.

A copy of the ‘Wonthaggi Strategic Framework Plan’ is included at Attachment 4 of this report.

Planning Scheme Requirements

This section of the report outlines the planning controls and specific planning permits triggers associated with the proposed service station and signage.

Zone

The subject site is included in the Industrial 1 Zone (IN1Z). The purpose of this zone is ‘To provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.’

Pursuant to Clause 33.01-1 a planning permit is required for the use of the land for the purpose of a service station where the subject site is located within 30 metres from land (not a road) which is zoned residential.

Pursuant to Clause 33.01-4 a planning permit is required to construct a buildings or carry out works, associated with a Section 2 use.

Overlays

The site is not affected by any overlays.

Particular Provisions

The particular provision relevant to the assessment of this application is Clause 52.12 – Service Station

The purposes of this provision include:

• ‘To ensure that amenity, site layout and design are considered when land is to be used for a service station, especially if the site adjoins a residential zone; and

• To ensure that use of land for a service station does not impair traffic flow or road safety.’

Clause 52.12-1 explains that land may be used for a service station only if the specific requirements are met. But, it states a permit can be granted to vary the requirements if it would result in a better design. The application is seeking to vary the requirements relating to the crossover width exceeding 7.7 metres.

Officer’s Considerations

State and Local Planning Policy Assessment

Strategically, the state and local planning policy support the subject site being developed with a service station.

When the intention of all the state and local policies relating to industrial land use are considered, Clause 17.02-1, 17.02-2 and 21.08-6 have two key policy objectives that are relevant to the assessment of this application. The first is to encourage the sustainable development and operation of industrial land uses. The second objective is to ensure the suitable minimum separation distances are achieved between lands uses that can reduce amenity and sensitive land uses.



In response to the first key objective, the subject site is located within the existing industrial estate where planning policies including Clause 21.06-3 and 21.10-11 encourage industrial uses to locate. In this regard, it is not an unreasonable expectation for the Bus Depot which operates from this site, to pursue a strategic investment opportunity to support the growth of their business through efficient access to fuel and subsidise the cost by allowing the public to access the facility.

In response to the second key policy objective, which has a clear intention to provide minimum separation distances between conflicting land uses, the subject site is considered to be located an adequate distance from the existing dwellings to mitigate any unintended off-site impacts that may result from the proposed service station.

This conclusion has been drawn from using the provisions of the Bass Coast Planning Scheme as a framework.

More specifically, this requires reading the planning scheme as a whole and working through the following steps:

1. Determine the zone and permit trigger.

2. Determine whether particular provision Clause 52.10 (Uses with adverse amenity potential) is a relevant consideration.

3. Determine if Clause 66.02 triggers statutory referral to Environment Protection Agency because the threshold distance of Clause 52.10 is not met.

Of these three points, only the first is relevant to the consideration of this application. This is because Clause 52.10 (which specifies the minimum threshold distance for various industry types from sensitive land uses) does not identify the land use ‘service station’ within the tables, which indicates it is a land use where offsite impacts can be managed. Clause 52.10 does however, specify distances for the ‘storage of petroleum products’ but the volume of diesel proposed to be stored is significantly less than the specified volume of 2000 tonnes. Once again, this indicates that the proposed service station is of a modest scale with manageable off-site impacts. In this regard, the Industrial 1 Zone is the most appropriate tool to determine the appropriate separation distance between land uses.

Clause 33.01-1 of the IN1Z describes that a ‘service station’ is a ‘Section 1 Use – Permit Not Required’ as long as it is not located within 30.0 metres (not a road) of residentially zoned land. This is an important fact because it removes third party appeal rights and essentially draws a line in the sand as to where the Bass Coast Planning Scheme considers the unintended off-site amenity impacts of a service station will not cause material detriment.

In applying this to the subject area, all of the residential properties that are developed with dwellings are separated from the proposed ‘service station’ by a distance exceeding 50.0 metres. The only residential allotment located within 30.0 metres of the site is a vacant parcel of land located at 9 Inverloch Road, Wonthaggi. On this basis, the existing dwellings are considered to be separated an appropriate distance from the proposed service station and will not be adversely impacted by the potential off-site impacts that could arise from the ‘service station’.



In addition to this, the ‘service station’ has been designed in accordance with Australian Standard 1692:2006 “Steel Tanks for Flammable and Combustible Liquids” and Australian Standard/New Zealand Standard 1940:2004, “the storage and handling of flammable and combustible liquids” which require stringent controls to prevent fuel spills and fire.

A requirement of the standard is that is must be fitted with an emergency shutdown device and transmitter alarm which notifies a person or organization capable of responding. In addition to this, the tank is also required to include secondary containment measures that are capable of containing the entire contents of the primary tank. It must also include a concrete bunded refuelling area draining to a triple interceptor pit. The tank will also include external fire-rated coverings and notices which will provide instructions on how to safely operate the facility and what to do in the incidences of fire. These design measures will further reduce the potential risk to the environment; and deliver a facility that meets appropriate standards of safety and amenity.

Industrial 1 Zone Assessment

The key purpose of this zone is ‘To provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.’

The proposed service station is considered to meet this purpose. The application has been assessed against the relevant decision guidelines of Clause 33.01-2 and Clause 33.01-4, the reason is should be support include:

• Compatible with surrounding industrial land uses including warehouses, trade supplies, and materials recycling whom can potentially benefit from convenient access to fuel.

• Consent provided by Council’s Asset Management Department who considered the proposal in terms of stormwater, traffic and vehicle access.

• Designed in accordance with Australian Standards to provide a secure facility that reduces the risk to environment and surrounding land uses.

• Connection to reticulated services (including electricity) is available to the site which will enable appropriate management of the facility.

• Respects the character of the streetscape. The service station appears as a ‘shipping container’ which is not an uncommon feature of an industrial estate.

Clause 52.12 - Service Station Assessment

This particular provision has the purpose ‘to ensure that amenity, site layout and design are considered when land is to be used for a service station, especially if the site adjoins a residential zone’ and ‘to ensure that use of land for a service station does not impair traffic flow or road safety.’

This application meets these purposes because it is generally consistent with the requirements at Clause 52.12-1.

It should be noted that one minor variation to Clause 52.12-1 was required, which allows the crossovers to be wider than 7.7 metres. Allowing the increased width of the crossovers, to 12.0 metres and 12.8 metres, is considered appropriate because it will result in a better design outcome become and allow for larger vehicles to safely manoeuvre within the site.



The full assessment of the proposal against Clause 52.12 is included at Attachment 5 to this report.

Response to objector’s submissions

It is considered that the majority of the objectors concerns have been addressed in the body of this report. However, an underlying theme within the majority of the objections seems to centre upon the adverse amenity impacts (including noise, odours and light); and the fact that the facility will operate 24 hours, 7 days per week.

The body of the report has already addressed the adverse amenity impacts. In terms of addressing the hours of operation, this is not considered necessary because the predicted vehicle movements generated by this use will not exceed an additional 15 movements per day. This is not considered an unreasonable amount, and it is consistent with the other industrial uses that operate from Webb Drive.

However, should Council resolve to restrict the hours of operation careful consideration would need to be given to the practicalities of achieving this. Rather than restricting hours of operation, measures to curb late night users could be put in place. For example, permit conditions could require the use of sensor lights (with light spill control) that would only illuminate the facility once a vehicle has entered the site. This would reduce the visibility of the site, reduce late night use and further reduce any offsite amenity impacts.

The following section of the report outlines a further response the objectors concerns.

Increased traffic

The decision guidelines of the Industrial 1 Zone require consideration of traffic, in particular the effect of traffic generated as a result of the use.

In response to this, the applicant explained that other similar facilities located on connector roads, which receive a higher volume of traffic and are more exposed to general public experience 15 movements per day.

The extra 15 movements are predicted to be the maximum additional movements because the service station is not located on a main road and will not be highly visible to the general public.

The additional 15 traffic movements are not anticipated to adversely affect the traffic loads currently experienced by Webb Drive. This is supported by the fact that Council’s Asset Management Team has reviewed the application and did not raise any issues with the traffic congestion or potential safety issues arising from additional vehicles entering and exiting the site.

Concerned with vehicles entering, exiting and manoeuvring within the site.

The application was referred internally to Council’s Asset Management Team who have provided that vehicle access and egress arrangements are suitable for larger B-double vehicles to navigate.

In addition to this, Council’s Asset Management Team has considered the location of the proposed crossover and has not raised any concerns, which is evidence that the proposed layout is suitable and will not cause traffic conflicts.



Conflicts with residential land use

This is discussed in the State and Local Planning Policy Assessment.

Fire and explosion hazard;

The service station has been designed in accordance with Australian Standard 1692:2006 “Steel Tanks for Flammable and Combustible Liquids” and Australian Standard/New Zealand Standard 1940:2004, “the storage and handling of flammable and combustible liquids” which require stringent controls to prevent spills and fire.

Adversely impact environment (fuel spills)

In response to this, the application has proposed a concrete bunded area and triple interceptor pit and secondary containment tank. Council’s Asset Management Team have considered the applications impact on stormwater and have provided conditional consent to the application.

Air and noise pollution

This is discussed in the State and Local Planning Policy Assessment.

Light spill

This will be managed through the use of responsive planning permit conditions.

Devalue residencies

The impact of a development on property values is not a relevant planning consideration of the Bass Coast Planning Scheme.

Conclusion

The application is supported by the State and Local Policy, Industrial 1 Zone and relevant particular provisions. The proposed ‘service station’ makes appropriate use of land zoned Industrial; and it will be adequately separated from the residential land uses to ensure that unintended off-site impacts like odour or noise will not adversely impact amenity.

It is recommended that Council issue a notice of decision to grant a planning permit is issued subject to the following conditions.



Recommendation

That in relation to planning permit application 140167 for the use and development of a service station and advertising signage located at 6 Webb Drive, Wonthaggi, Council resolves to issue a Notice of Decision to Grant a Permit subject to the following conditions

Amended Plans

1. Before works commences, the amended plans must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with those “Prepared by HAZKEM titled URG Wonthaggi 6 Webb Drive Wonthaggi, Project Number HAZ-1833 dated 22 September 2014 (dated received by Council)” submitted with the application and show:

a. The existing and proposed crossover to be changed to concrete;

b. An ‘entry’ and ‘exit’ signs place at each of the respective crossovers to ensure vehicles movements will be one-way through the site;

c. A lighting schedule that includes the use of sensory lights, that will cause not light spill from the subject site, and which will only illuminate once a vehicle enters the subject site;

d. Detailed Civil Construction Plans required by condition five (5) of this permit.

General Condition

2. The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

3. All buildings and works must be maintained in good order and appearance to the satisfaction of the Responsible Authority.

4. The light illuminating the service station, hereby approved by this permit, must not cause any light spill beyond the property boundary except with the written consent of the Responsible Authority.

Infrastructure

5. Before the works commence, detailed civil construction plans must be prepared to the satisfaction of the Responsible Authority for endorsement by the Responsible Authority. All construction plans submitted for approval must be consistent with this permit and must conform with the requirements of all relevant servicing and road authorities, and in particular drainage, gas, water, sewerage, telephone and power authorities, VicRoads and Council.



The plans must be drawn to scale with dimensions and three copies must be provided. The plans must show:

a. Drainage of the subject land must be to the satisfaction of the Responsible Authority including compliance with the Best Practice Management practices for Stormwater and the Bass Coast Shire Stormwater Management Plan (2003) including protection of Council’s drainage system from accidental fuel spills.

b. vehicle and pedestrian access and car parking to the satisfaction of the Responsible Authority including:

i. concrete driveways in accordance with Council’s Standard Drawings for commercial vehicles located to allow access for buses and B-Double fuel delivery vehicles;

ii. The Council drainage pits on both sides of Webb Drive shall be reconstructed and/or protected from damage from turning vehicles

iii. The concrete pad at the filling point shall be connected to the concrete crossover

iv. Loose pavement material must not discharge off-site into Council’s drainage system.

6. Vehicle and pedestrian access and drainage to serve the subject land must be located, constructed and maintained for defects to the satisfaction of the Responsible Authority including the construction of a concrete driveway crossover or concrete entrance culvert in accordance with Council’s Standard Drawings.

7. Drainage of the subject land must be to the satisfaction of the Responsible Authority including compliance with the Best Practice Management practices for Stormwater and the Bass Coast Shire Stormwater Management Plan (2003).

8. Access to the site shall only be at the nominated crossing shown on the endorsed plan. The crossing and road pavement works are to be constructed to the satisfaction of the Responsible Authority (Bass Coast Shire Council).

Amenity

9. The development must be managed during construction so that the amenity of the area is not detrimentally affected through the:

a. transport of materials, goods or commodities to or from the land;

b. appearance of any building, works or materials;



c. emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, litter, dust, waste water, waste products, grit or oil; and

d. presence of vermin or animals.

10. No mud, dirt, sand, soil, clay, stones, oil, grease, scum, litter, chemicals, sediments, gross pollutants, animal waste or domestic waste shall be washed into, allowed to enter or discharged to the stormwater drainage system, receiving waters or surrounding land and road reserves, during the construction works hereby approved to the satisfaction of the Responsible Authority.

Commencement of use

11. The development hereby approved must not commence until:

a. all redundant infrastructure associated with the development is removed, damaged infrastructure is replaced and the area reinstated to the satisfaction of the Responsible Authority; and

b. all works required by the conditions of this permit have been completed to the satisfaction of the Responsible Authority.

Signage - General

12. The location and details of the sign(s) and any supporting structures, as shown on the endorsed plans, must not be altered without the written consent of the Responsible Authority

13. The sign(s) must not be illuminated by external or internal lights except with the written consent of the Responsible Authority

14. The sign(s) must be constructed and maintained to the satisfaction of the Responsible Authority.

Permit Expiry - Signage

15. This signage permit will expire if one of the following circumstances apply:

a. If the signage hereby permitted is not completed within two years of the date of this permit; or

b. If the land ceases to be used for the purpose which the sign advertises.

Permit Expiry – Use and Development

16. This permit will expire if one of the following circumstances applies:

a. The development is not started within two years of the date of this permit;



b. The use has not started within two years of completion of the development;

c. The development is not completed within four years of the date of this permit;

d. The use is discontinued for a period of more than two years.

The Responsible Authority may extend the time if a request is made in writing before the permit expires or within six months afterwards.

Where the development or stage started lawfully before the permit expired, the Responsible Authority may extend the period in which the development or stage must be completed if a request is made in writing before the permit expires or within twelve months afterwards.

Attachments

AT-1 Attachment 1: Locality Plan 1 Page

AT-2 Attachment 2: Assessed Plans 12 Pages

AT-3 Attachment 3: Example of the fuel tank 1 Page

AT-4 Attachment 4: Wonthaggi Strategic Framework Plan 1 Page

AT-5 Attachment 5: Clause 52.12 Assessment 2 Pages

AT-6 CONFIDENTIAL - Attachment 6: Objections 10 Pages

Council Decision

Moved: Cr. Neil Rankine / Seconded: Cr. Jordan Crugnale


CARRIED



E.5 Rhyll Traffic Management Plan

File No: CM15/178 Department: Infrastructure Council Plan Strategic Objective: Sustainable Development & Growth


Previous Items: 2/13 - Petition - Request to make Jansson Road, Rhyll a one way

road - Council - 19 June 2013 SR6/13 - Petition - Request to make a section of Jansson, Road,

Rhyll a one way road - Council - 17 July 2013

Declaration


Summary

At its Ordinary Meeting of 17 July 2013 Council resolved (in summary) to undertake the development of a Traffic Management Plan for Rhyll as a result of its consideration of a petition to make a section of Jansson Road, Rhyll a one way street.

An external consultant, GHD was engaged to carry out a comprehensive community engagement and traffic survey process in order to develop such a Plan.

That Council:

• Adopt the Rhyll Traffic Management Plan.

• Implement over the next 12 months, the short term actions for which there is an existing operational budget.

• Advise the head petitioner of Council’s decision.

Background

At its Ordinary Meeting on 19 June 2013 Council received and considered a petition signed by 9 residents of Jansson Road, Rhyll asking for the section of Jansson Road between Lock Road and Beach Road, to be made one way. As required by Section 63.2 of the Bass Coast Shire Council Meeting Procedure Local Law 2009 it was resolved that the petition be received and lie on the table for one month.

At its Ordinary Meeting on 17 July 2013 Council considered a comprehensive report on the issues raised by the petition and resolved:

“That Council

1. Seek funds in the September Budget Review to develop a traffic management plan for the area of Rhyll south of Lock Road and east of the Cowes Rhyll Road / Rhyll Newhaven Road intersection.

2. This traffic management plan should consider the implications of making Jansson Road (south of Lock Road) one way (in either direction).



3. Seek feedback from residents and property owners in neighbouring streets, emergency services, and other bodies on the proposal.

4. Engage in a comprehensive community engagement process that ensuring that all residents and property owners in the study area understand impacts of making this section of Jansson Road one way (and any other changes that might be suggested through the development of the traffic management plan) – For example changes to garbage collection arrangements.”

An external consultant, GHD, was appointed to carry out a comprehensive community and stakeholder engagement process, and to develop a Traffic Management Plan. In practice it proved impossible to restrict the scope of the Plan to a discrete section of the Rhyll Township as provided for in the Council resolution, so the final Traffic Management Plan covers the whole of Rhyll.

The Rhyll Traffic Management Plan is provided as Attachment AT-1.

The community and stakeholder engagement process included:

• An online and hard copy survey which received 171 responses (32% of the Rhyll population).

• A public information ‘drop in’ session at the Rhyll Hall on a Saturday morning attended by approximately 50 people (about 10% of the Rhyll population).

• Discussions with the Department of Transport, Planning and Local Infrastructure (now the Department of Economic Development, Jobs, Transport and Resources) and VicRoads.

GHD also carried out automated traffic counts and in person observations around the Rhyll Township.

The top issues highlighted by the community included:

• The lack of bicycle and walking links to nearby towns such as Cowes, Surf Beach and Sunderland Bay.

• The lack of footpaths along high speed environment roads such as Rhyll Newhaven Road and parts of Lock Road.

• High speed limits on the road network within and approaching the township.

• Non-local boat ramp traffic using residential streets.

• Poor road quality and deteriorating dust suppression seals.

Options to address the issues were developed and recommendations prioritised using a multi-criteria assessment process as outlined in the report. This assessment process takes into account engineering, social, environmental and economic factors. It is outlined in detail on page 46 of the Plan.

High level cost estimates were also provided for all options (page 47 to 53).

The report’s recommendations, broken down into short, medium and long term, are outlined on pages 57 and 58 of the Plan; with a summary map of the township illustrating the recommendations in a visual form is at page 59.

Given the petition that led to the development of this Traffic Management Plan it should be noted that it does not recommend making any part of Jansson Road one way. As the Plan notes in its discussion of this possible option (page 56):



“As traffic volumes on Jansson Road are low for the majority of the year, converting Jansson Road to a one way road will have minimal benefits. Jansson Road does not meet the warrants for the conversion to a one way road as there is no existing crash history to suggest an issue. Additionally, there is a high chance that a large proportion of traffic will ignore the one way signs creating a dangerous situation where traffic is coming from the wrong direction, as observed on Stradbroke Avenue in Cowes.”

Strategic Basis

Council Plan Principle:

• Transparent evidence-based and inclusive decision making.

As outlined in the document (page 6) the Rhyll Traffic Management Plan is informed by, and consistent with, the Phillip Island Integrated Transport Study, the Council Plan 2013-2017, and the Bass Coast Bicycle Infrastructure Plan 2012-2022.

Finances

GHD has provided indicative cost estimates for all of the options considered in the Rhyll Traffic Management Plan.

Future consideration of the recommendations outlined in the Plan will be in the context of Council’s usual budgetary processes. However, should opportunities arise, either through internally or externally funded projects, this traffic management plan will give guidance about the community’s views on traffic management for the area.

Stakeholders

Rhyll property owners and residents, visitors to the township, emergency services, utility providers, the Department of Economic Development, Jobs, Transport and Resources, VicRoads, Public Transport Victoria and ratepayers in general have an interest in this matter.


Council has a wide range of responsibilities and obligations in relation to roads and traffic under the Road Management Act 2004, the Local Government Act 1989 and other legislation.

Under the Road Management Act 2004, Council is the Road Authority for all of the roads in the Rhyll Township. While there are no arterial roads in the township for which VicRoads is the Road Authority, VicRoads determines speed limits and the like (subject to advice from Council).

Other Options

Council could resolve to not adopt the Rhyll Traffic Management Plan.

However, the development of the Plan involved substantial community input (32% of the Rhyll community responded to the survey, and 10% attended the community ‘drop in’ session). Also, GHD carried out an expert analysis of the community feedback and data they collected themselves, in the context of Council’s own strategic documents (e.g. Phillip Island Integrated Transport Study).




The Rhyll Traffic Management Plan project has been carried out successfully, with a comprehensive and realistic report being provided by capable consultants, informed by the community.

A number of the short term actions identified in the plan are operational and will be able to be achieved in existing operational budget. Examples of some short term actions include advocacy for speed limit changes on roads in and around Rhyll. Adoption of this traffic management plan will provide support for these changes.

Some of the medium to long term actions include capital expenditure. These will need to be referred to Council’s capital investment framework for evaluation and prioritisation. Some of these projects have already been identified as a need. Ability to implement will be dependent on annual budgets.

A substantial proportion of Rhyll’s population contributed to the development of the Plan through completion of the survey and/or by attending the community ‘drop in’ session. This illustrates the considerable community interest in traffic issues and a willingness to contribute positively to this sort of community engagement process.

The report provided will inform Council, VicRoads, Department of Economic Development, Jobs, Transport and Resources and Public Transport Victoria traffic and transport planning for Rhyll into the future.

Recommendation

That Council

1. Adopt the Rhyll Traffic Management Plan

2. Implement over the next 12 months, the short term actions for which there is an existing operational budget

3. Advise the head petitioner of Council’s decision

Attachments

AT-1 Rhyll Traffic Management Plan

Council Decision

Moved: Cr. Andrew Phillips / Seconded: Cr. Phil Wright


CARRIED



E.6 Pine Avenue/Churchill Drive Estate Special Charge Scheme No.25 - Finalisation of costs



Previous Items: SR6/12 - Pine Avenue and Churchill Drive Estate Area Special

Charge Scheme No. 25 - Council - 21 March 2012

Declaration


Summary

Bass Coast Shire Council commenced the formal scheme procedure for the Pine Avenue/Churchill Drive Estate Special Charge Scheme (SCS) No. 25 in June 2009.

The scheme provided for the construction and sealing of the existing gravel roads within the estate. Works also included the construction of kerb and channel, footpaths, traffic management devices and nature strip works.

All the statutory procedures relating to declaring and levying of the scheme have been completed.

Following an appeal to VCAT in September 2010, some minor adjustments to the charge against some properties were required. This increased Council contribution slightly.

The final costs for the construction of the Pine Avenue/Churchill Drive Estate SCS have been determined with the completion of works in June 2013 and the issuing of the final completion certificate for the contract in March 2015.

Property owners in the scheme have been levied individual costs based on Council’s estimate prior to tendering. Final costs have now been determined and show that the final costs for the scheme are less than estimated.

Council is required to make a refund proportionate to the contributions received by the Council to the current owners of the relevant land.

This report recommends that:

In accordance with section 165 of the Local Government Act 1989 Council resolves to:

1. Vary the amount to be recovered from landowners by decreasing the amount payable from the estimated amount of $5,069,740.06 to the actual cost of $4,379,390.47.



2. Refund the excess contributions to the landowners of properties where the charge has been paid in full, or reduce the outstanding principal balance for those landowners who have not yet completed payment, by reducing the amount payable by an amount proportionate to the contributions received by the property owners.

Background

The Pine Avenue/Churchill Drive estate is located on the outskirts of Cowes and is made up of a number of residential streets. These streets were all unsealed with open drains to a low specification or standard.

A plan showing the location of this estate is shown as Attachment 1.

On 16 September 2009, Council declared the Pine Avenue/Churchill Drive Estate Special Charge Scheme.

Construction of the scheme works commenced in March 2012 and the works reached practical completion on 26 June 2013. Final completion was reached in March 2015. Now that final completion for the contract has been issued, the actual project and scheme costs could be calculated.

Properties included in the scheme

There are a total of 333 properties included in the scheme. They are shown in the Scheme Declaration in attachment Attachment 2. They were principally all the properties located adjacent to the proposed works.

Proposed Works

The scheme generally included the following works:

1. Pavement works to a maximum sealed width of 4.9m.

2. Construction of kerb and channel and underground drainage.

3. Asphalt surface treatment.

4. Construction of watts profile speed humps.

5. A 1.5 metre wide concrete footpath.

6. Nature strip works including street and easement planting and seeding.

7. Pavement widening along Settlement Road and Justice Road.

These works are consistent with an urban residential road standard.

Final Scheme Costs

The original cost estimates were determined by up to date contract rates and associated estimated service authority charges (i.e. water and sewer, gas, Telstra and power relocation works). In addition, a CPI value of 5.6%, and a design, supervision and an administration amount of 8% was included based on the overall total project costs.

Actual costs have now been determined based on the construction contract together with other design and administration costs from Council’s financial systems.



The costs are summarised as follows:

Item Description Estimated costs Actual costs

Preliminary Works and General

These involve mobilisation and site establishment, public protection works, preparation of OHS, traffic management, quality and environment plans, pre-condition and “as constructed” surveys etc.

$330,000.00 $693,722.55

Earthworks Includes tree clearing $194,303.00 $222,804.73

Drainage Pipes and Pits

All pipes and pits within road reserve and easement. Also subsoil drains.

$1,015,783.28 $1,136,895.28

Pavement Works

Includes construction of all roads and widening in Settlement Road and Justice Road.

$1,299,251.50 $1,077,945.02

Concrete Works

Includes kerb and channel, footpaths and other concrete paving.

$820,660.00 $674,804.78

Landscaping Works

Nature strip works including tree planting and installation costs for gravel driveways.

$306,383.50 $542,945.67

Traffic Management Works

Include line marking, signage, speed humps etc.

$40,050.00 $54,843.15

Provisional Quantity Items

Includes renewal of water services, future water services for vacant allotments, drainage connection points for properties and improvements to poor subgrades.

$287,350.00

$224,942.58

Alteration to service authority assets due to drainage or road alignments.

$465,500.00 $286,020.44

Provisional Sum Items

Allowances included for various unknowns determined during construction and CPI of 5.6%.

$630,599.75 $124,967.58

Design, Administration and Supervision (8%)

This allows for such costs as land and geotechnical surveys, concept and detailed designs, cost estimates, permits, community information sessions, administration, special charge scheme and tendering process, contract and construction supervision.

$438,390.48 $240,357.39

Land Acquisition

Includes legal expenses, compensation, fencing , title establishment etc.

$90,000.00 $74,015.40

VCAT Includes legal advice, administration, preparation of reports and documentation.

$0.00 $139,080.59

Total Project Costs (ex GST) $5,918,271.51 $5,493,354.15

The design costs were substantially lower than would have otherwise been expected as the design was carried out by Council’s design engineering staff.



Better than expected construction rates resulted in lower overall construction costs for this project. These rates also indicate that to receive real or significant economies of scale, projects now need to be considerably larger than those undertaken in the past. The most recent project of this nature was undertaken in South Dudley Estate. The total project costs were around $2.6 Million. There was only a small refund of approximately 2.2% on this project.

An allowance for CPI of 5.6% had been also included. Even with the substantial delays that occurred with the project due to VCAT appeals, this CPI allowance was sufficient for the life of the project.

In continuing with these large road and drainage improvement projects, the greatest risk to Council continues to be the lack in suitably experienced contractors tendering for Council works. This lack of competition within the Bass Coast construction market may lead to increases in tender prices for all future projects.

Strategic Basis

The Local Government Act 1989

The Act sets out the objectives of Councils. Section 3C of this Act states that:

“ the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of its decisions and in doing so, must have regard to the facilitating objective to improve the overall quality of life of people in the local community.”

Bass Coast Planning Scheme

Prior to the implementation of the Town Planning Act (circa 1970), Council’s had no way of requiring developers to consider the social, environmental and cultural wellbeing of a community as part of proposed development. This meant there were a large number of residential areas throughout Victoria which do not meet the most basic of requirements under today’s planning schemes.

Under the current Bass Coast Council’s Planning Scheme, there are a number of key objectives each new development needs to achieve prior to it being approved. These objectives are around social, environmental and liveability of an area.

The Council Plan 2013-2017

The Council Plan 2013-2017, adopted by Council at its 19 June 2013 ordinary meeting, outlines its key strategic objectives by which it intends to address the planning scheme.

The Council Plan includes a Strategic Objective regarding Sustainable Development and Growth. This objective is underpinned by the strategy that Council will:

“Provide infrastructure and facilities that are well managed, affordable and are suitable for the communities need.”

The Council Plan also has Principles which apply to these types of road and drainage improvement projects:

• The social, environmental and economic priorities of the Shire benefit both current and future generations.

• Equity in the distribution of resources across the Shire.




• The provision and use of energy and resources will be promoted in an efficient and sustainable way.

In order to achieve this strategic objective and principles, Council has a number of existing strategies, plans and policies to manage our resources effectively, whilst providing and improving infrastructure within the Shire. These existing strategies, plans and policies include the existing Urban Streets Improvement Policy.

Asset Management Policy

Council’s Asset Management Policy outlines that Council’s goals with respect to the way in which it manages infrastructure includes:

• Taking a forward-looking, long-term and ‘whole of life’ view to the provision and management of infrastructure for service delivery.

• Understanding and taking into account community expectations in all significant decisions affecting infrastructure.

The review of the urban Roads and Drainage Improvement Policy, in line with the Asset Management Policy, aims to ensure that the long-term and ‘whole of life’ costs of the infrastructure, included as part of these upgrade projects, minimises the impact to Council’s renewal and maintenance demands.

The goal of the Asset Management Policy is to ensure infrastructure decisions made today will not leave a significant cost burden on future communities to fund the high maintenance and renewal costs of inappropriate infrastructure.

Current Urban Streets Improvement Policy

The existing Urban Streets Improvement Policy states that:

• Council be committed to upgrade and maintain all the urban streets to a sealed status.

• Council be committed to provide drainage to all unserviced urban subdivisions in the Shire.

Whilst Council has no statutory obligation to improve local road and drainage infrastructure, the upgrade of road and drainage infrastructure across the Shire, goes towards achieving the primary and facilitating objective of a Council under the Local Government Act 1989. The primary aim of the revised Urban Road and Drainage Improvement Policy is to provide a policy framework to improve the overall quality of life for citizens that live within areas across the Shire that have little or no road and drainage infrastructure.

The existing policy highlights Council’s commitment to improving infrastructure for residents and ratepayers within urban areas.

The Bass Coast Shire Roads Services Asset Management Plan 2014 (RSAMP)

The RSAMP provides community service levels. The proposed project aligns with the five community service levels:

• Accessibility: Road condition, access is maintained, minimise environmental impacts loss of road material, whole of life costs considered in balance of the service standard.



• Connectivity: Pathway condition, safe paths, links to open space and public transport; whole of life costs considered in balance of the service standard; consideration of people with special needs.

• Drainage Control: Protect the environment, control surface water, improved performance.

• Amenity: Deliver urban streetscape responsibly, protect the environment, control vegetation, improved performance.

• Community Health: Safe and consistent road conditions, separation of road users, minimise environmental impacts.

The opportunity Council provides to property owners to consider road and drainage upgrades confirms Council’s commitment to improve and or comply with the stated community service levels. This would also deliver on Council’s commitment to improve the liveability, township character and both the built and natural environment for residents and ratepayers within the Shire’s urban areas.

Finances

Owners of each property were levied the amounts based on an estimate of the cost of the works.

It has been calculated that the final costs will be less than the estimated costs.

Some of the project costs cannot be included in the overall scheme costs. This includes any costs related to a VCAT hearing and other construction activities that were considered to be of no special benefit to the affected landowners.

There was also an adjacent subdivision that was in its planning stages during the scheme process. The developer was thus required to contribute towards the cost of some of the components as part of their planning permit conditions. Therefore these costs are not included in the total scheme costs.

The total value of costs that cannot be attributed to the property owners is detailed in the following table.

ITEM Actual Costs

VCAT Costs $139,080.59

Other construction Costs $121,833.17 offset by Developer Contribution of $105,000

The estimated costs of all works in the scheme were $5,918,371.51. The actual final costs of all works in the scheme are $5,112,376.88. This equates to an overall reduction of $805,894.63 or 13.62%.

The refund is shared between Council and the property owners using the contribution percentage (i.e. 85.66% for landowners and 14.34% for Council based on the community benefit calculation as set out in the original declaration).

Therefore, a refund is applicable to all affected properties.

Based on these lower project costs, Council’s contribution to the works in the scheme would decrease from $848,531.46 to $732,986.42 (i.e. $115,545.04). The balance of the reduction would be attributed to the landowners (i.e. $690,349.58).



The following table identifies the estimated scheme costs versus final “actual” costs associated with the project:

Estimated Actual

Design/Supervision and Scheme Administration Costs $438,390.48 **$240,357.39

Road Construction Costs $3,887,925.89 $3,269,193.45

Drainage Construction Costs $1,591,955.14 $1,602,826.04

Total Scheme Costs $5,918,271.51 $5,112,376.88

Net decrease in scheme costs $805,894.63

Maximum Amount refundable to landowners $690,349.58

** These costs are distributed proportionally between both the road component costs (70%) and the drainage component costs (30%).

Stakeholders

The primary stakeholders are the scheme contributors who have funded the works included in the scheme.

Other stakeholders include visitors to the area and users of the facilities considered as part of the Community Benefit contribution.


All statutory requirements in relation to the Special Charge Scheme procedures, tendering and construction have been met to date.

The only remaining statutory requirement is for Council to finalise the scheme and advise landowners of the final actual cost.

Section 163 of the Local Government Act outlines the formal process for implementing a special rate or charge. Section 163(1) states that:

“Council may declare a special rate, special charge or a combination of both only for the purposes of defraying any expenses in relation to the performance of a function or the exercise of a power of the Council, if the Council considers that the performance of the function or the exercise of the power is or will be of special benefit to the persons required to pay the special rate or special charge.”

This includes the provision and upgrade of road and drainage infrastructure.

Section 165 applies to situations where Council receives excess money from the estimated costs for the special charge scheme and is required to refund these costs back to the affected property owners.

Council is required to make a refund proportionate to the contributions received by the Council to the current owners of the relevant land.



Refunds are in the range of $300 to $8,700. An average property with an estimated charge of $15,000 can expect a refund of around $2,000. As can be seen in the table outlining the project cost breakdown the major savings are in the costs for the provisional items. These provisional item estimates are based on potential unknowns at the time the scheme was prepared. The significant savings have occurred from savings in service asset relocations. By proving the potential clashes, additional design work was undertaken to avoid these clashes and thus reducing these potential costs. By adopting this method it affects the overall design costs but still provide significant cost savings.

For the complete list of refunds applicable to the affected properties, refer to Attachment 3 for the list of all properties with their associated refund.

Other Options

If Council receives more money than it requires from the special rate or charge, it must make a refund to the current owners of the land in accordance with Section 165 of the Local Government Act.

There are no other options available.

Officer’s Comments/Conclusion

The Pine Avenue/Churchill Drive estate had a range of pre-existing problems identified by property owners and residents. This included issues with dust and widespread inundation due to lack of drainage. The area has a number of residents with mobility issues.

The upgrade of the Pine Avenue/Churchill Drive estate means that these issues have been addressed with construction of sealed roads, drainage and disability compliant pathways.

This road and drainage improvement project has therefore met Council’s objective to improve the liveability for its ratepayers in the Pine Avenue/Churchill Drive estate.

In addition to this, the project has resulted in reduced maintenance and operating costs which aids Council to keep rates affordable for the community.

The final costs are 13.62% less than those levied and a reduction is due to each property. Council Officers have calculated the amounts that have been paid in excess of the actual cost and will be required to either issue a refund to those landowners who have paid the special charge or reduce the outstanding principal balance for those landowners who are yet to complete payment of the scheme.

Therefore it is recommended that in accordance with the Local Government Act 1989, Council resolves to formally issue a refund to those affected property owners.



Recommendation

In relation to the Pine Avenue/Churchill Drive estate road and drainage improvements project known as Special Charge Scheme No. 25, and in accordance with section 165 of the Local Government Act 1989 Council resolves to:

1. Vary the amount to be recovered from landowners by decreasing the amount payable from the estimated amount of $5,069,740.06 to the actual cost of $4,379,390.47.

2. Refund the excess contributions to the landowners of properties where the charge has been paid in full, or reduce the outstanding principal balance for those landowners who have not yet completed payment, by reducing the amount payable by an amount proportionate to the contributions received by the property owners.

Attachments

AT-1 Locality plan 1 Page

AT-2 Copy of Declaration 10 Pages

AT-3 Comparison Estimated versus Actual Costs 7 Pages

Council Decision

Moved: Cr. Andrew Phillips / Seconded: Cr. Bradley Drew


CARRIED



E.7 Council Endorsement of Municipal Emergency Management Plan 2014

File No: CM15/231 Department: Healthy Communities Council Plan Strategic Objective: Healthy Communities

Our community feels connected, safe and strong.

Declaration


Summary

The key emergency management responsibilities of Council stem primarily from Part 4 of the Emergency Management Act 1986, which requires councils to have and maintain a Municipal Emergency Management Plan (MEMP), establish a Municipal Emergency Management Planning Committee (MEMPC), and to allow the audit of the MEMP by Victoria State Emergency Services (VICSES) every 3 years.

During 2014, the Bass Coast MEMPC prepared MEMP 2014. The plan was endorsed by the committee at its meeting on 1 December 2014 with the recommendation that it be submitted to VICSES for audit; and presented to Council for endorsement.

During the audit, the plan was found to be 100% compliant with the requirements under the Emergency Management Act 1986. In the audit report, the high standard of the plan and supporting systems was noted.

Following the successful audit, the MEMP 2014 is provided to Council for endorsement.

Background

The MEMP is the overarching emergency management plan for the municipal district, and provides information to emergency services, other organisations and the community on how risks will be dealt with and the management arrangements for emergencies, in order to promote community safety.

The plan identifies what hazards are likely to impact the municipality, what steps are to be taken to prevent, respond to and recovery from emergency events and the role of organisations in relation to emergencies.

It is a record of the commitment of all the participating organisations and groups to undertake and complete tasks assigned to them under the plan, and to cooperate in the delivery of the MEMP’s objectives.

The Bass Coast Municipal Emergency Management Plan 2014 was developed for a number of reasons:

• The 2011 MEMP required a major review, beyond its annual update, due to:

o Changes in legislation due to the introduction of the Emergency Management Act 2013 which is running concurrently with the 1986 Act



o Changes in planning and arrangements at the State level requiring changes in MEMPs. For example, there were significant changes in the Recovery area, with emphasis on ‘working with the community’ including the introduction of Community Recovery Committees; and the introduction of Agriculture as a new recovery environment to consider in planning.

o The 2013-2014 emergency risk assessment by the MEMPC risk working group identified a new top-five risks in Bass Coast: Extreme Temperatures – Heatwave, Marine Safety, Human Epidemic/Pandemic, Storm and Emergency Animal Disease.

• The Bass Coast MEMP was due for audit in December 2014 by VICSES as required by the Act.

The MEMPC and MEMP 2014 are supported by a number of Sub Committees and Sub Plans. These include:

Sub Committee Sub Plans

Relief and Recovery Sub Committee Relief and Recovery Sub Plan 2014

Flood and Storm Sub Committee Municipal Flood Emergency Plan

Health and Medical Sub Committee • Municipal Heatwave Plan v1.4 • Municipal Influenza Pandemic Plan v1.3

Municipal Fire Management Planning Committee

Municipal Fire Management Plan v2.2

Each of these sub plans were reviewed during 2014 and were a key component in the MEMP 2014 audit.

The plan was endorsed by MEMPC at its meeting on 1 December 2014 with the recommendation that it be submitted to VICSES for audit; and presented to Council for endorsement.

During the audit, the plan was found to be 100% compliant with the requirements under the Emergency Management Act 1986. In the audit report, the high standard of the plan and supporting systems was noted.

Following the successful audit, the Municipal Emergency Management Plan 2014 is provided to Council for endorsement.

Strategic Basis

The development and maintenance of the MEMP is linked to the Council Plan through providing the means by which Council works with emergency services and relief and recovery service providers to plan for the prevention of, response to and recovery from significant emergency events.

The planning process provides the opportunity to better understand the capabilities and capacity of organisations (including Bass Coast Shire Council) that have a role in preventing and responding to emergencies, as well as those providing relief and recovery services to the impacted community.



Council Plan Principles


Finances

Council’s financial commitment to emergency management is met by current budgets

Stakeholders

MEMP 2014 is the result of the co-operative efforts of the MEMPC, made up of members of emergency service response agencies (including Victoria Police, Country Fire Authority, VICSES, Ambulance Victoria) alongside relief and recovery service providers (including Department of Human Services, Red Cross, Bass Coast Health) operating in Bass Coast Shire and the community.


The Emergency Management Act 1986 requires councils to have and maintain a MEMP.

Other Options

Nil


The MEMP 2014 is a high standard plan, as assessed by VICSES during its audit on 4 December 2014. It is the result of work of an active MEMPC membership that has committed to the implementation of the plan through its endorsement at their meeting on 1 December 2014. Bass Coast Shire Council emergency management staff members were also commended for their efforts and received positive feedback from the Audit Panel.

Recommendation

That Council endorses the Municipal Emergency Management Plan 2014.

Attachments

AT-1 MEMP Audit Report Cover Page 1 Page

AT-2 Municipal Emergency Management Plan 2014 55 Pages

Council Decision



CARRIED



E.8 Road Declarations Inverloch

File No: CM15/262 Department: Governance and Organisation

Development Council Plan Strategic Objective: Effective Governance


Declaration


Summary

Council is the land owner for numerous small parcels of land that have been used for road purposes prior to amalgamation. The Shire of Woorayl acquired the land but did not formalise the process and create road status over the land.

This report is presented to Council for its consideration to formalise the use of the land for road purposes along Surf Parade, A’Beckett Street and Williams Street, Inverloch.

That Council:

1. In accordance with section 11 (1) (a) of the Road Management Act 2004 declare a road over Council’s land contained in the follow Certificate of Title:

Surf Parade

Volume Folio Lot Title Plan

8496 659 1 517994E

8493 752 1, 2 & 3 517846V

8499 177 1 517964P

8493 751 1 517878G

8495 843 1, 2 & 3 519273H

A’Beckett Street


9320 651 1 192130X

8792 696 1 531204J

8959 399 1 598062A

9391 965 1 187745M

8919 776 1 629939N



Williams Street


9696 202 1 109301S

9696 201 1 109300U

9692 225 1 109178N

9692 224 1 109177Q

2. Publish a notice in the Victorian Government Gazette.

Background

Before amalgamation the Shire of Woorayl acquired small parcels of land for road purposes where required.

The sites include part Surf Parade, Inverloch See Attachment 1. A’Beckett Street, Inverloch See Attachment 2. and Williams Street, Inverloch See Attachment 3.

The final step of creating road status over the Council parcels of land creates the essential road abuttal for the adjoining land owners.

The process of creating the road status doesn’t affect any physical aspect of the land or current use.

Strategic Basis



Finances

This activity will be conducted within existing resources.


Road Management Act 2004 Section 11.


It is recommended to complete this process to formalise the road status to allow legal abuttal for adjoining landowners.



Recommendation

That Council:

1. In accordance with section 11 (1) (a) of the Road Management Act 2004 declare a road over Council’s land contained in the follow Certificate of Title:

Surf Parade


8496 659 1 517994E

8493 752 1, 2 & 3 517846V

8499 177 1 517964P

8493 751 1 517878G

8495 843 1, 2 & 3 519273H

A’Beckett Street


9320 651 1 192130X

8792 696 1 531204J

8959 399 1 598062A

9391 965 1 187745M

8919 776 1 629939N

Williams Street


9696 202 1 109301S

9696 201 1 109300U

9692 225 1 109178N

9692 224 1 109177Q

2. Publish the notice in the Victorian Government Gazette.

Attachments

AT-1 Attachment 1. Surf Parade Inverloch Road Declarations 1 Page

AT-2 Attachment 2. A'Beckett Street Inverloch Road Declarations 1 Page

AT-3 Attachment 3. Williams Street Inverloch Road Declarations 1 Page



Council Decision

Moved: Cr. Jordan Crugnale / Seconded: Cr. Andrew Phillips


CARRIED



E.9 Proposed Leases of the Newhaven Jetty Shed, Beach Crescent Newhaven, Cowes Caravan Park, 164-188 Church Street Cowes, Newhaven Caravan Park, Old Bridge Drive, Newhaven and the Inverloch Bowling Club, 20 The Esplanade, Inverloch




Declaration


Summary

Council at its ordinary meeting held 18 February 2015 resolved;

That Council:

1. Commences statutory procedures pursuant to section 190 and 223 of the Local Government Act 1989 and section 17D of the Crown Land (Reserves) Act 1978 for the following A, B, C and D:

A. Council proposes to enter into a lease with the Inverloch Bowling Club Incorporated for the property known as the Inverloch Bowling Club, 20 The Esplanade, Inverloch with the following terms and conditions:

• a term of 21 years

• initial annual rent of $2,000

• rental review at the sixth year then every three years

• capital investment of $350,000 by the lessee over the life of the lease.

B. Council proposes to enter into a lease with Mark and Julie Curran Pty Ltd for the property known as the Cowes Caravan Park, 164 – 188 Church Street Cowes, with the following terms and conditions:



• rental review every three years

• annual Council contribution to capital works on the property at a value of 20 percent of the rent, of which up to 10 percent may be allocated for maintenance

• capital investment of $1,900,000 by the lessee over the life of the lease.



C. Council proposes to enter into a lease with Mexicala Pty Ltd for the property known as the Newhaven Caravan Park, Old Bridge Road Newhaven with the following terms and conditions:






D. Council proposes to enter into a lease with Mr Ben Dennis for the property known as the Newhaven Jetty Shed, Beach Crescent Newhaven, with the following terms and conditions:


• initial annual rent of $35,000, following allowance of a period for construction

• rental review every three years.

2. appoints a committee of three Councillors (Mayor Brown, Cr Phillips and Cr Drew) to hear and consider submissions at a date to be determined and report the committee’s recommendation to Council’s next available ordinary meeting.

Background

A public notice calling for submissions regarding the four leases was advertised in the local newspaper edition 24 February 2015.

No submissions were received.

Given that there were no submissions it is proposed that Council enter into the lease agreements as proposed.

Strategic Basis




Finances

The lease of the Inverloch Bowling Club, Newhaven Jetty Shed, Cowes Caravan Park and the Newhaven Caravan Park provides that the tenants contribute significant capital into the sites being:

Inverloch Bowling Club $ 350,000 over the life of the lease

Cowes Caravan Park $1,900,000 over the life of the lease

Newhaven Caravan Park $1,265,000 over the life of the lease

Newhaven Jetty Shed Renewal of premises

Combined initial annual rental would be $497,000



Stakeholders

Proposed lessees, patrons, ratepayers and the community.


Section 190 and 223 of the Local Government Act 1989.

Crown Land (Reserves) Act 1978.

Leasing Policy for Crown Land in Victoria 2010.

Other Options

Nil.


As the public submission process is completed and there were no submissions it is recommended that Council authorises the Chief Executive Officer to negotiate any further conditions as required and complete the leases.

Recommendation

That Council

1. Pursuant to section 190 of the Local Government Act 1989 and section 17D of the Crown Land (Reserves) Act 1978 enters into a lease agreement for the following A, B, C and D:

A. Inverloch Bowling Club Incorporated for the property known as the Inverloch Bowling Club, 20 The Esplanade, Inverloch with the following terms and conditions:



• rental review at the sixth year then every three years

• capital investment of $350,000 by the lessee over the life of the lease.

B. Mark and Julie Curran Pty Ltd for the property known as the Cowes Caravan Park, 164 – 188 Church Street Cowes, with the following terms and conditions:








C. Mexicala Pty Ltd for the property known as the Newhaven Caravan Park, Old Bridge Road Newhaven with the following terms and conditions:






D. Mr Ben Dennis for the property known as the Newhaven Jetty Shed, Beach Crescent Newhaven, with the following terms and conditions:


• initial annual rent of $35,000, following allowance of a period for construction

• rental review every three years.

2. Authorises the Chief Executive Officer to negotiate any further conditions of the lease agreements and execute the documents.

Attachments

There are no attachments for this report.

Council Decision

Moved: Cr. Bradley Drew / Seconded: Cr. Clare Le Serve


CARRIED



E.10 Wonthaggi and San Remo Cemetery Trust Quarterly Report




Declaration


Summary

Council is the appointed Trust for the San Remo and Wonthaggi Cemeteries.

The Trust has been entrusted by the Minister of Health to steer the Wonthaggi and San Remo Public Cemetery.

The Trust is responsible for the governance of the cemeteries including the key roles of setting strategic direction, approving the annual budget, monitoring performance, ensuring compliance, developing policy, high level stakeholder management and ensuring that a risk management framework is in place. The Trust delegates day-to-day management of the cemeteries within its control to Council Officers in order to provide administration support.

This report updates the Trust on current activity being undertaken by its administration in regards to the Wonthaggi and San Remo Cemeteries.

Background

1. Fee setting

Cemetery Trusts are best placed to determine the services required by the communities they serve and the appropriate level of fees for those services. The role of the Department in approving fees for cemetery services is to review applications for fee increases from cemetery trusts to ensure there are no anomalies in a trusts application and to seek justification for increases outside the annual consumer price index (CPI) process.

Revenue raised by cemetery trusts through approved fees and charges is expected to:

• encompass current cemetery operational costs

• Cover repairs or replacement costs associated with cemetery facilities and equipment.

• Ensure adequate financial reserves for future operation.



Section 12(2)(a) and section 12A (2)(a) of the Cemeteries and Crematoria Act 2003 (the Act) requires a Trust in exercising its functions under the Act to have regard to its obligations in relation to funding the perpetual maintenance of the public cemetery for which it is responsible. This maintenance will need to consider the standard of maintenance acceptable in a cemetery that has reached capacity and include roads, paths, fences, water, security etc.

A review of Wonthaggi and San Remo Cemetery Trust undertaken by HLB Mann Judd Auditors in March 2014 found that advanced planning for perpetual maintenance or re-development costs (ie costs incurred to increase the interment capacity at the cemeteries) was inadequate for meeting the requirements of the Act and the Department. In addition, a liability income which is gained from pre-need interments (reservations) has been used for maintenance over the years.

The recommendation from the audit was to ensure that an appropriate percentage of all fees charged for interments are set aside for perpetual maintenance in the reserve bank accounts and the fee setting spread sheet available from the Department’s website should be completed on a yearly basis.

The trust has historically increased fees in line with CPI. The CPI increase is based on the All Groups CPI number (for Melbourne) for the current December quarter. Fees increased by CPI are effective from 1 July each year. However, the HLB Mann Judd Audit in 2014 states that due to no advanced planning for perpetual maintenance for the cemetery trusts, the trust should ensure that an appropriate percentage of all fees charged for interment are set aside for perpetual maintenance in the reserve bank accounts.

Trust administration will be working with the Department of Health Cemeteries and Crematoria Unit on the fee structure for 2015/16 and a proposed fee structure will be brought to the next quarterly meeting of the Trust.

2. Cemetery interment figures year to date

Interments being defined as the act of interring or burying.

Year Wonthaggi Cemetery San Remo Cemetery

Interments -ashes

Interments -burials

Interments -ashes

Interments -burials

2012/13

5 43 0 18

2013/14 5 42 1 12

2014/15 Year to date (March 2015)

4 40 2 3



3. Update on the Wonthaggi Cemetery Master Plan

The Trust was successful in receiving a grant from the Department of Health for the delivery of a Master Plan for the Wonthaggi Cemetery, resulting in a consultant appointed to undertake the work. A report on the first stage has been delivered with the following progress, as of March 2015:

• Drainage analysis - complete

• Site analysis - complete

• First stage stakeholder consultation - complete

• Preliminary drainage proposals, discussions with Council engineers

• Preliminary proposals presented end of February 2015

• Draft Master Plan report received.

The next stage is to finalise the Master Plan and provide a mechanism for public consultation for the Master Plan and proposed works. A copy of the draft report is attached. Trust members and members of the community will be asked to provide feedback on the draft Master Plan during April and May 2015.

4. San Remo Cemetery

Council staff have been working with San Remo Cemetery interested parties in order to prioritise works for the cemetery. The issues relate to tree management, signage, road and pedestrian access and other safety concerns. A grant application to the Department of Health had been submitted for the provision of funds to deliver these works.

The memorial garden at the cemetery was established by the friends of San Remo Cemetery and its proposed use is for memorial plaques and interments of ashes. A fee structure is currently being considered for this service.

5. Risk Management

The Department of Health stipulates that a cemetery trust has an obligation to regularly review all aspects of its cemetery and operations to:

• identify potential risks

• take action to remove or diminish potential threats, harm and loss

• monitor risk controls

• ensure a culture of risk management is in place.

Councils current Risk Management Framework allows for the consideration of any risks relating to the delivery of cemetery works including financial, reputational and health and safety risks, with controls that are actioned and assigned accordingly. Council has identified an extreme risk at the San Remo cemetery relating to the trees. The treatment plan to address this will form part of the funding application to the Department of Health by end March 2015.

A risk assessment of the Wonthaggi Cemetery was undertaken in February 2015, with proposed treatment actions to be undertaken. Actions have been considered as part of the Master Plan Report.



Council has a position of treating high or extreme risk in accordance with its Risk Management Framework.

Strategic basis

One of the key strategic objectives in the 2013-2017 Council Plan is Effective Governance:


The relevant strategies are:

• ensuring fair and equitable decision making process are in place and well communicated

• manage our financial resources, assets and risks to deliver the best possible outcomes for our community




Finances

The financial transactions of the trust are processed in the general ledger of the Bass Coast Shire Council. The 2013/14 abstract of accounts was audited and lodged with the Department of Health as a requirement under the Act. A copy of the audited abstract of accounts is attached to this report.

Stakeholders

The Department of Health is the regulating body which oversees the operation of cemeteries in Victoria. Other stakeholders are the community and Council officers.


The Act ensures the following objectives are met by all cemetery trusts:

• Human remains are treated with dignity and respect.

• All Victorians have access to cemetery and crematoria services

• Cemetery trusts operate effectively and efficiently in accordance with the Act.

Other options

This report is a quarterly report to provide the trust with information on the operations of the Wonthaggi and San Remo Cemetery trust.


Council is the appointed Trust for the San Remo and Wonthaggi Cemeteries. It is therefore Councillors obligation to take responsibility for the governance of the cemeteries and its operations.

Trust members and members of the community are asked to provide feedback on the draft Master Plan after its public release during April and May 2015.



Recommendation

1. That the quarterly report for the Wonthaggi and San Remo Cemetery Trust be received.

2. That the Council release the draft Master plan for Wonthaggi for consultation

3. That the Council accept the Wonthaggi and San Remo Cemetery abstract of accounts for 2013/2014

Attachments

AT-1 Wonthaggi and San Remo Cemetery abstract of accounts 2013/14 9 Pages

AT-2 Wonthaggi Cemetery Draft Master Plan Report 55 Pages

Council Decision

Moved: Cr. Neil Rankine / Seconded: Cr. Andrew Phillips


CARRIED



E.11 Risk Management Policy




Declaration


Summary

The attached draft Risk Management Policy sets out Council’s commitment to maintaining an effective Risk Management Framework. This report recommends that Council adopts the Policy.

Background

In March 2011, consultants were engaged to assist Council in developing a Risk Management Framework. The framework included a Risk Management Policy, Risk Management Plan and a Risk Register. This Framework was reviewed and endorsed by Council’s Audit Committee at its meeting held on 24 August 2011 and the Policy adopted by Council in September 2011.

This policy is still relevant and is due for review in September 2015; however we are reviewing this policy earlier in order to bring it into line with the review of the Risk Management Plan, which was adopted as a three year plan due for review in September 2014.

This Policy was presented to the Audit Committee in December 2014 recommending that no changes be made and that it is referred to Council for adoption.

Strategic Basis

The Risk Management Policy is essential to assist Council achieve its objectives of Effective Governance, incorporating the Council Plan Principles;



Finances

Council funds a Risk Management Officer position to implement the risk management policy and framework. Currently we have a position to mitigate or treat high or extreme risks. A cost benefit analysis is undertaken for all risks. Any costs of treating risks must be contained within the operating budget or considered as new initiatives in our budget preparation process.



Stakeholders

• Councillors

• Employees

• Contractors

• Committees

• Volunteers


This Policy has been developed in accordance with the International Standards for Risk Management (AS/NZS ISO 31000:2009 Risk Management – Principles and Guidelines).

Other Options

In accordance with good Governance practices, it is important that Council adopt this Policy.


The Risk Management Policy sets out Council’s commitment to maintaining an effective Risk Management Framework and provides for the design, implementation, monitoring, review and continuous improvement of risk management. The objectives of the policy are to:

• Assist with achieving Council’s strategic plans

• Create a culture that embraces accountability for risk

• Incorporate risk into operations, planning and decision making

• Equip the organisation with the appropriate risk management skills

• Comply with legislation

• Improve financial reporting and governance

• Minimise costs and losses

• Reduce the severity and frequency of claims and incidents.

The Risk Management Plan has been reviewed in line with this policy and will provide the practical guidance and specific actions for the implementation of this Policy.

Recommendation

That Council adopts the attached Risk Management Policy.

Attachments

AT-1 Risk Management Policy 2 Pages



Council Decision



CARRIED



E.12 Bass Coast Shire Long Term Financial Plan 2015-2025




Declaration


Summary

This report presents the Long Term Financial Plan for adoption.

At the Ordinary Meeting of Council on 11 March 2015, the Council agreed to seek feedback on the Draft Long Term Financial Plan. The purpose of a long term financial plan is to:

• establish a financial framework over the next 10 years to address the objectives of the Council Plan

• assess the resources (financial and non-financial) required to accomplish the objectives and strategies developed by Council

• establish a basis to measure the adherence to Council’s financial policies and strategies

• help us comply with sound financial management principles, in accordance with the Local Government Act 1989 and to plan for the long-term financial sustainability of the municipality.

Consultation sessions were conducted on 25 March at Wonthaggi and 26 March at Cowes. Approximately 30 people participated in these forums. Surveys were made available online along with the opportunity for members of the community to make a submission to Council.

Copies of the Long Term Financial Plan were made available through Council’s website, at the service centres at Inverloch, Wonthaggi, Cowes and Grantville. We also circulated brochures at a number of community events including the Sustainability Festival held on 28 March 2015.

Background

The preparation of the Bass Coast Shire Long Term Financial Plan is a new initiative. Council has not previously had in place a long term plan to guide its financial direction.



Council is required on an annual basis to prepare and adopt a budget which includes a four year Strategic Resource Plan (SRP). The SRP aims to give direction to the Council’s financial position in the 3 years immediately following the year for which the budget applies.

The Long Term Plan Financial Plan goes well beyond the statutory requirements required by Council for the preparation of its SRP. The Plan takes a long term view to ensure that Council remains in a financially viable position, keeping rates and costs low, whilst also maintaining Council’s assets and facilities.

Strategic Basis

A number of strategic financial challenges exist for Council, including renewing existing assets, continuing to provide an appropriate range and level of services to a growing community, maintaining a sound financial position and addressing the need for new capital works.

The other related issues are the risks and liabilities we face if we do not invest in asset renewal at an adequate rate. That is, by failing to adequately maintain Council’s assets and facilities now we are creating a burden in the future.

As part of establishing the attached long term financial plan Council has revised its borrowing strategy, asset management, capital investment, discretionary and statutory reserves, capital works program, the range and level of services provided and the revenue-raising strategy.

The long term financial plan comprises the following strategic objectives in the 10-year timeframe:

• contain total spending on services at or below existing levels, with any increase in service levels to come from the delivery of efficiencies and/or a re-prioritisation of service funding

• maintain a viable cash position, ensuring we remain financially sustainable in the long-term

• achieve underlying operating surpluses

• maintain debt levels below prudential guidelines

• pursue grant funding for strategic capital initiatives from the state and federal government

• responsible rate increases that will see us continue to be a low rating council, but allow us to meet community asset renewal needs.

The Long Term Plan also includes the following aspirations.

(i) Ensuring Bass Coast is financially sustainable.

(ii) Maintaining our assets. We will significantly increase our investment in our assets and facilities each year to ensure they are kept in good repair.

(iii) Always reviewing our services to make sure we are operating efficiently and prioritising resources appropriately

(iv) By containing spending, any potential increase in service demand or new community assets as a result of our growing population will need to be funded from efficiencies and/or prioritisation of services.



(v) Containing the operational costs (including employee costs) of running council at current levels allowing only for growth in costs of 3.5% pa.

(vi) Provide a capacity to deliver new and upgraded, long life infrastructure ($73 million over the life of this plan) to meet community needs.

(vii) Only use borrowing to help fund new major assets, with a long life, such as cultural and aquatic facilities.

(viii) Rubbish and waste services should be a completely user pays system.

(ix) Bass Coast will continue to be a low rating Council and rating levels and options will reflect these aspirations.

Consultation focused on these aspirations. They are all related and a change in one aspiration will impact other aspirations. For example, one option could be to reduce income (i.e., lower rate increase) in exchange for less new or renewed assets and facilities.

The State Government has given notice of intent to introduce an accountable system for local governments to justify rate increase levels. Whilst detail of this new direction has yet to be finalised, it is understood that local government will need to justify rate increases beyond the level of CPI. The Long Term Financial Plan has been prepared with this policy in mind and the following two key points are highlighted.

1. The plan proposes to contain operational expenditure at a 3.5% increase per annum. It is considered that this is a realistic target given a growing population, Council’s already low rating strategy and would be consistent with the State Government’s proposed policy of rate accountability.

2. Income from rate increases beyond CPI will be directed straight into maintaining, renewing and upgrading Council’s aging assets and facilities. We will simply not be able to keep existing facilities well maintained or provide new facilities with rate increases within the range of CPI.

Put simply, the plan will contain operational expenditure and direct additional funds into the community’s assets and facilities.

Finances

The Long Term Financial Plan will guide Council’s financial direction and decision making for the next 10 years. It has been prepared to ensure that Council is financially sustainable and viable in the long term. The key outcomes of the plan in terms of financial viability indicators are:-

• Underlying operating result will shift from a deficit to a surplus position over the life of the plan. This is a key indicator of Council’s ability to achieve a sustainable financial future.

• Council’s liquidity ratio (our ability to pay our bills when they come due) will be adequate providing there are no unexpected shocks or events.

• The indebtedness of Council will remain at a relatively low level over the life of the plan. This is achieved through only utilising borrowings for investment in long term or intergenerational projects.



• Council will retain the ability to self-finance or replace existing assets from cash generated from operations over the life of plan.

• The investment gap between the amount that will be expended on replacing existing assets and the value of the consumption of Council’s assets (how fast they are wearing out) over the life of the model varies according to asset demand requirements however over the life of the plan this ratio exceeds 100% on average.

Stakeholders

The key Consultation with stakeholders occurred during 12 March – 1 April 2015. The key elements of this consultation included:-

• Direct mail to key stakeholders and interested parties.

• Information material made available for ratepayers online and at Council’s service centres

• Various media releases

• Information material made available at community events

• Information material provided to Councillors for their distribution

• Ads regarding consultation were published

• Community consultation sessions at both Cowes and Wonthaggi

• An opportunity for persons wo made submissions to present same to a separate meeting of Councillors.

In total 16 written submissions and 15 survey submissions were received in response to the Rating Strategy Discussion Paper and Long Term Financial Plan. 31 people also attended the public consultation sessions and 8 people took up the opportunity to address a separate meeting of Councillors in support of their submissions. Full copies of all submissions and surveys have been previously provided to all Councillors and are attached as a confidential item due to Information Privacy.

During the consultation phase of the Plan, Council received feedback from a variety of individuals, each of which was provided from their own particular point of view. With their views expressing issues that were in essence important to them, however not necessarily supported by others. The raft of individual responses has meant that few overarching messages have emerged from the consultation.

A synthesis of the messages that had more than a singular voice are:

• Rate increases should be capped at CPI

• Why is the Plan not built around the new Victorian Government concept of rate capping.

• Limiting operational growth is essential but it should be at the level of CPI

• Services should be reviewed and if they are found to be unsustainable, adjusted or reduced as required.

• User pays should be applied wherever possible.



• There is an over-reliance on rate revenue, so Council needs to secure other forms of revenue, for example, increased level of grants and investigate other revenue streams.

The LTFP is a living document that will be reviewed and updated on an annual basis to reflect those factors that are known, as opposed to incorporating a set of “what if” based assumptions. The real value in any long term plan then is the ability of the plan to adapt to changing circumstances. This will include changes such as when alterations to services occur as a result of service planning reviews, the guidelines for “a better rating system” are determined, responsibilities and costs are transferred from the state government to Council, Council’s priorities change or new revenue opportunities arise.

Notwithstanding the “better rating system” details being an unknown, we do know that the “better rating system” is likely to allow for the ability to seek increases above whatever cap or limit is put in place. This ability is likely to be subject to Council having shown why there is a need for a variation. The LTFP is one of those mechanisms that illustrate the reason for a variation.

Another mechanism that will be utilised by Council is regular benchmarking activities. One such tool that will be publicly available is the Local Government Reporting Framework Indicators (measures) that provide clear comparative information for all Victorian Councils. The 2015-2016 period will provide the first series of these measures and it is Council’s intention to review its performance using these measures.

The Plan demonstrates that operating expenditure has been contained, accompanied with the low rating positon historically and the need to invest more heavily in assets, that it is prudent to deliver a realistic plan that illustrates what is required for this community and not one that guides Council to a position of an unsustainable future.

This Council has acknowledged through this plan the need to limit the costs of operations and has allocated significant additional rates revenue to renewing or replacing Council’s aging assets. The model is constructed around the assumption that operating costs are contained at a realistic level of price changes for the items that Council consumes in the delivery of its services. Funds collected in addition to that are directed towards the maintenance, renewal and replacement of our assets.

The Plan also includes a commitment to the review of Council’s services. This review process will look at the services provided to the community and assess Council’s ability to continue to provide these services at a sustainable level. Council will, in consultation with the community, have a particularly focused role in determining if and at what level these services will be provided.

It is acknowledged that the Bass Coast Shire does have a high reliance on rates revenue to support the delivery of services and activities of Council. The state government has included an assessment of this reliance as a critical factor in the financial sustainability of every local government in Victoria. That assessment concludes that the higher the reliance on rates revenue the more sustainable the Council. The Bass Coast Shire however is committed to seeking and deriving revenue from more than just rate revenue.



The service reviews are expected to provide the opportunity to review the services provided and to also determine the appropriateness of fees for services provided. In addition, Council is expecting to better utilise the revenue generated from rates (and other sources) to leverage an increased level of grant funding from commonwealth, state and philanthropic entities. In seeking additional grants, it is however acknowledged that significant grants are usually only available for capital works activities that create new assets and not to provide services or replace aging assets. As Council is seeking to limit operating costs, the use of grants in this way places increased upwards pressure on operating costs.

There were many other comments made that provided the opinion and ideas of individuals. Some of which are critical rather than constructive in nature, however those topics that provide a point for consideration have been included below.

1. The LTFP should address strategies to meet the challenge and show the way forward with a reduction in non-essential expenditure.

a. The Plan has been developed as a living document that will be reviewed and revised each year to reflect known changes. This will include the outcomes of service reviews and any efficiency gains achieved. Non-essential expenditure as a concept is a subjective term and will change from person to person. For example, where one person might view public art as essential, another person may not.

2. Supportive of the initiative to begin a service planning project. If the services (range and level) are found to be unsustainable long term, then ratepayers should support Council in setting priorities.

a. The Plan includes a commitment to ongoing service reviews and to having a sustainable future (amongst other principles).

3. Why doesn’t Bass Coast Shire borrow, as many of those councils benchmarked actually borrow to build roads and drains as it forms part of their asset base once completed?

a. Council has made a commitment to borrow only for those items that provide intergenerational assets that benefit the broader community. Borrowings are then a shared cost by the community for new assets that benefit all. Replacement of existing assets or the provision of assets to benefit a small element of the community is not an equitable use of borrowings.

4. Why doesn’t the ten year projection include two (2) aquatic centres.

a. While the Plan doesn’t allocate funds specifically for individual projects it does allocate total funds available for asset categories based on asset management requirements. With regard to upgraded, expanded or new assets the Plan allocates total funds available only. These available funds are then allocated through the budget process on an annual basis.

b. The Plan includes an allocation for what it can realistically achieve or fund. The Plan clearly highlights that with low ongoing rates there is never going to be adequate funding to address the wishes or desires of the entire community. The challenge of the model with respect to aquatic centres is to balance the desire for new facilities that then increase the operating costs of Council. With containment of operating costs and limited funds available for new works for the entire Shire, further adjustment to the plan will be required to provide the capacity to deliver two (2) large new facilities.



This opportunity will arise as part of the annual review of the Plan in conjunction with the annual budget cycle. However, the Plan provides for an indicative ten (10) year capital works plan to be prepared to support the LTFP.

5. The LTFP needs to cover significant funding for the Wonthaggi Public Cemetery.

a. The Wonthaggi Cemetery Master Plan is currently undergoing a consultation phase. As the Long Term Financial Plan will be subject to regular review, the competing interests of Wonthaggi Cemetery Master Plan, will be incorporated into the Long Term Financial Plan once the Wonthaggi Cemetery Master Plan has been completed. The works and funds will then be subject to the Capital Investment Framework utilised by Council to determine the priority of funding allocations.

6. Currently ratepayers have greater aspirations for asset creation than just “maintaining what we’ve got”, and based on current Shire asset values of $600M, the Shire needs to apply between $11M and $20M per annum just to maintain what we have: the Life Cycle approach advocated in the Plan is the correct way to go.

a. The Life Cycle approach to asset management is a critical factor in the Capital Investment decisions taken by Council for each project. The cost of constructing an asset is not the full cost of providing that asset. The full cost or “whole of life” cost includes the cost of constructing the asset in the beginning, the cost of maintaining the asset (e.g. painting, replacing flooring, gardening, mowing and so on), the cost of operating the asset (e.g. electricity, staff to operate the facility, insurance, water, safety inspections, and so on), the recognition of its deterioration or the consumption of its service potential as it ages (e.g. depreciation) and the cost to remove the asset when it has reached the end of its life. The “whole of life” cost of an asset may be more than twice the cost of actually building the asset in the first place (depending upon the asset).

b. This comment makes the point that we should be making decisions on assets based on more than just the initial cost.

c. The funding required to deliver on asset replacement and maintenance is guided by Council’s asset management plans and asset management models. The Plan incorporates the funding required to achieve this and when combining the maintenance and capital costs of assets we are allocating funds at the level indicated.

d. To support the ten (10) year financial modelling, Council is also considering how an indicative ten (10) year capital works plan would enhance and refine the value of the LTFP. This additional layer of support would also provide greater planning certainty for Council’s works programs.

7. Already the Council is behinds its peers in securing Govt grants because of its low permanent resident numbers – i.e. it suffers because it is a tourist area but because of this it needs to continually improve and enhance its assets to ensure this continues.

a. This is an ongoing challenge for Council. The tourism industry is such a significant element of the economy and it demands a commitment to ongoing capital improvements to keep the appearance of a fresh and vibrant community (although this burden must also be shared with all private and commercial persons).



b. To be successful in obtaining grants requires that plans are in place, projects are “shovel ready” and matching cash is available. The Bass Coast Shire struggles to have the cash available given current rating levels. Council will however, continue to seek additional grant funding and will work with the community to maximise opportunities to generate grants and contributions from other sources.

8. The ratepayers need to know what other options exist to bridge the Capital expenditure gap other than by cost capping as the existing approach provides for very little new work.

a. As options become apparent, they will be considered and where appropriate included within the Plan. There are certainly actions that can be considered for the next iteration of the Plan, such as:

i. Reviewing the structure and operating model against benchmark Councils, seeking out best practice where possible.

ii. Establishing Service priorities and having service models that are constructed using robust and detailed information

iii. Considering other business activities that generate new revenue.

iv. Acknowledging the use of other options bridge the gap, the Plan does include an allocation towards upgrade, expansion and new works of $62 million and a commitment of $130 million towards replacing and renewing our existing assets.

9. Council must assess whether the current level/quantity of services meet the ratepayers priorities and make savings by eliminating or reducing the lowest priority services (this should be an annual process).

a. The Plan includes a commitment to the review of Council’s services. This review process will look at the services provided to the community and assess the level of services provided and whether Council should continue to provide the services. There are however some services that Council are required by legislation or regulation to provide, for example planning and building services

10. The next four (4) thought provoking comments are similar in nature and have been grouped to provide a response.

a. Council must cut expenditure by a minimum of 15% ($8M) over the next 12 months.

b. Employee numbers must be cut by 10% during 2015-2016.

c. Empower staff and cut out two layers of management.

d. An entity with the budget, assets, community and area should have less than 20 administrative staff and non-office staff should be pruned with a freeze on new employment for the next two years.

i. Arbitrary claims, figures and numbers provide little assistance in developing a sustainable plan nor do they indicate an understanding of the services and activities currently undertaken or provided by Councils. All changes need to occur within a framework or a set of guidelines. In addition, changes to services require notice to be provided and contracts to be changed. There are no simple cuts that can be made without considering the impact of that change on other elements of the business.



ii. It would be irresponsible to arbitrarily make cuts to services, works and activities in an effort to achieve an indiscriminate reduction in costs with little or no consultation with stakeholders. For this reason Council is putting in place a structure from which to make decisions and is pursuing a regime of service reviews that will guide any changes to the level of services and any associated costs.

11. Other revenue growth is essential and BSCS should charge its large visitor population fees for services, such as beach side parking, library use, beach and amenities, etc.

a. Council acknowledges the need to generate increased revenue from all possible sources and will continue to investigate all options as they become apparent. The imposition of new charges however is considered alongside Council’s pricing policy that establishes how fees and charges will be set. This policy has its base in the user pays principle however it also considers the “whole of life” cost of imposing a fee or charge.

12. Non-resident house owners should pay a rate surcharge (or differential) as many obtain rental income from regular/seasonal letting and have the benefits normally only allowed to investors.

a. Although more of a rating issue this point illustrates the often competing interests of residents versus land owners. The Local Government Act 1989 does not differentiate between these two (2) elements of the Shire. At the same time there is no legal impediment to Council establishing a differential rate to distinguish between resident and non-resident land owners or rate payers.

13. Councils are purely a Service Unit set up to manage the infrastructure and assets of a community.

a. This submission point raises the issue of the community and individuals understanding just what Local Government is.

b. A local government is more than just bricks and bitumen. It is more than just its assets and it exists to do more than just maintaining and operating assets. Council has a legislated role and must have regard to the following:

i. promoting the social, economic and environmental viability and sustainability of the shire;

ii. ensuring that resources are used efficiently and effectively and services are provided to best meet the needs of the local community;

iii. improving the overall quality of life of people in the local community; and

iv. promoting appropriate business and employment opportunities.

c. Although a local government is required to do more than just these four (4) points, they illustrate that local government is more than just a service unit that manages assets.




As stated previously, there is no statutory requirement for Council to prepare, consult and ultimately adopt a Long Term Financial Plan. It is however good governance to take a long term view of Council’s financial position and put in place a plan that will guide this Council and future Councils with their financial decision making whilst ensure the long term financial viability of the Council.

Other Options

There are numerous potential variations that can be adjusted within the draft Long Term Financial Plan all of which are capable of being varied. However, the underlying principle or goal of Council is long term financial viability and any negative impact on Council’s long term position needs to be carefully considered.


The LTFP provided to Council for adoption differs from that which was placed out for consultation. These differences have occurred primarily due to the consultation process, the recognition of more accurate forecasts and shifting the Plan to reflect the ten (10) years going forward rather than looking at the past.

In particular the first year of the LTFP provided to Council for adoption differs from that initially provided for consultation. These changes have been the result of the activities undertaken in the preparation of the 2015-2016 Budget, which has enabled us to refine and provide an even more accurate model and one that more closely aligns the proposed budget and the LTFP. For example, the Plan now includes the savings from efficiencies that have been identified through the 2014-2015 period, the changes to the borrowing regime to better utilise the Local Government Financing Vehicle, reduced employee costs as a result of organisational realignment and a heightened interrogation of ongoing operating costs (including staffing).

The principles and aspirations applied to the plan have not changed and the Plan continues to provide for an ongoing 4.7% increase in rate income outside of growth and retains the 3.5% limitation placed on relative operating costs.

The Plan when compared to the Strategic Resource Plan adopted by Council at the beginning of their term for the same ten (10) year period illustrates the savings achieved. For example, the Plan includes employee cost savings of $1.3 million for 2015-2016 and approximately $15.4 million over the life of the plan when compared to the “business as usual” SRP adopted as part of the 2014-2015 budget.

There are other significant operating cost savings such as for materials, services and contracts where the Plan includes a saving of $691,000, which over the life of the plan amounts to $8.1 million when compared to the “business as usual” SRP adopted as part of the 2014-2015 budget.

Overall there is a reduction in operating costs and increases in revenue that have provided for an additional $2.227 million between the SRP and LTFP for the 2015-2016 period (the bulk of which relates to savings in employee costs). In addition there has been an increase in capital expenditure between the SRP and LTFP of $6.027 million for the 2015-2016 period. Council believes that this illustrates the considerable work that has gone into developing the LTFP, especially when compared with the “business as usual” result originally proposed in the SRP.



When compared to the 2014-2015 adopted budget the Plan increases employee costs by just 2.4% ($650,000) with an overall increase in operations of 1.6% ($894,000). This significantly lower result is a reflection of work undertaken over the last twelve (12) months to review the organisational structure and to actively seek efficiencies within the organisation.

The LTFP primary goal is to contain and where possible reduce the operating costs of Council whilst increasing the funding available to capital activities. Throughout the consultation period one of the key themes to come from submissions was the desire to expedite this process, without necessarily any basis on how this was to be achieved.

The Plan has been adjusted to more strongly emphasise Council’s commitment on service reviews that will deliver efficiencies and these efficiencies will then be applied to any service growth that is attributable to population growth and to new capital initiatives. The LTFP will then be adjusted annually to reflect any increases in capital expenditure and any changes to operating costs.

This Plan will guide Council’s activities and decisions and provide a tool that will be utilised to enable Council to make informed and responsible decisions. No longer will plans, strategies and actions be considered in isolation from the future viability or affordability of the Shire. This Plan, that underpins all future decisions, will be reviewed and adjusted each year to incorporate issues and changes as they become apparent (and knowable). The plan will integrate changes to operating costs, services and the capital plans that flow from the service review regime. The LTFP is then the cornerstone of Council’s financial future.

The attached Bass Coast Shire Long Term Financial Plan has been prepared for the purposes of being adopted by the Council. The plan shares the challenges of financial sustainability and provides a clear strategy to ensure Council remains financial viable in the long term.

Bass Coast Shire Council is a low rating and low spending council. This Plan will continue this approach whilst increasing our effort in maintaining existing assets whilst facilitating the creation and acquisition of new assets and facilities.

It is recommended that the plan be adopted.

Recommendation

That Council:

1. adopts the Bass Coast Shire Long Term Financial Plan 2015-2025;

2. reviews the Long Term Financial Plan in conjunction with the annual budget cycle; and

3. thanks each submitter for their contribution and advises them of Council’s decision.



Attachments

AT-1

Long Term Financial Plan 2015-2025 69 Pages

AT-2

CONFIDENTIAL - Submissions received for the Long Term Financial Plan and Rating Strategy

45 Pages

AT-3

Long Term Financial Plan - Consultation Feedback 1 Page

Council Decision

Moved: Cr. Andrew Phillips / Seconded: Cr. Bradley Drew


CARRIED



E.13 Bass Coast Shire Rating Strategy




Declaration


Summary

This report presents the Rating Strategy for adoption.

At the Ordinary Meeting of Council on 11 March 2015, the Council agreed to seek feedback on the Rating Strategy discussion paper. The purpose of the discussion paper was to provide an overview of five potential rating models which included:

• General rates plus garbage charge

• General rates plus garbage charge plus environment charge

• General rate plus garbage charge plus farm rate (80%) plus environment charge

• General rate plus garbage charge plus environment charge plus municipal charge (20%)

• General rate plus garbage charge plus environment charge plus municipal charge (10%) plus farm rate (90%)

Independent local government consultants CT Management Group were engaged to work with Council to assist in the preparation of its Rating Strategy.

Consultation sessions were conducted on 25 March at Wonthaggi and 26 March at Cowes. Approximately 30 people participated in these forums. Surveys were made available online along with the opportunity for members of the community to make a submission to Council.

Copies of the Rating Strategy Discussion Paper have been made available through Council’s website, at our service centers at Inverloch, Wonthaggi, Cowes and Grantville. We have also circulated brochures at a number of community events.

The Rating Strategy will inform the 2015-2016 Budget and be subject to a formal Section 223 Public Consultation process in May, prior to final adoption in June 2015.



Background

The Rating Strategy Discussion Paper was developed as a result of a Council decision at the 21 May 2014 Council meeting. The decision made at that time was that:

1. Council reviews its rating strategy in the 2014/2015 financial year.

2. Council allocates funding of $25,000 in the 2014/2015 budget in order to fund the development of a new rating strategy.

3. The process for development of the rating strategy is to include the following.

• A review of Council’s current and past rating strategies

• Benchmarking of like Council’s rating strategies

• Development of options for Council’s consideration

• An analysis of the impacts of different rating models

• Engagement with the community in relation to the options and impacts associated with modifying the current rating strategy

4. The new rating strategy is to be completed by 31 March 2015 in order for it to be considered by Council as part of the 2015/2016 budget process.

With the assistance of CT Management Group, a rating strategy discussion paper was prepared that included five (5) options or alternatives for discussion purposes. The intention of the discussion paper was to encourage the Bass Coast community to provide their comments and suggestion on how the future distribution of rates contributed by different elements of our community will be undertaken.

Rates are a property tax based on the valuation of each property. Like many other taxes, there is no direct link between the amount of rates paid by an individual and the level of service that an individual can expect to receive.

The discussion paper provided a range of information and a series of options relating to how rates could be collected from the Bass Coast community. It’s important to understand that the rating strategy does not decide how much Council will collect in rates; rather the rating strategy will explain the proportion that each type of property may pay.

A popular analogy is a pie. The size of the pie (that is how much we collect in rates) is determined by the annual budget process with guidance from the long term financial plan. How much each property type contributes to the pie, is determined by the rating strategy.

Strategic Basis

Council is seeking to establish the framework by which the generation of rate revenue will be shared by the community for the 2015/2016 financial year and beyond.

The discussion paper was developed to encourage discussion within the community about how various elements of our community will contribute to Council’s rate revenue.

The approach taken in developing the discussion paper considered the following principles contained within the Council plan:






Finances

The Rating Strategy adopted by Council will provide guidance to Council in preparing the 2015/2016 Annual Budget.

Stakeholders

The key Consultation with stakeholders occurred during 12 March – 1 April 2015. The key elements of this consultation included:-

• Direct mail to key stakeholders and interested parties.

• Information material made available for ratepayers online and at Council’s service centres

• Various media releases

• Information material made available at community events

• Information material provided to Councillors for their distribution

• Ads regarding consultation were published

• Community consultation sessions at both Cowes and Wonthaggi

• An opportunity for persons wo made submissions to present same to a separate meeting of Councillors.

In total 16 written submissions and 15 survey submissions were received in response to the Rating Strategy Discussion Paper and Long Term Financial Plan. 31 people also attended the public consultation sessions and 8 people took up the opportunity to address a separate meeting of Councillors in support of their submissions. Full copies of all submissions and surveys have been previously provided to all Councillors and are attached as a confidential item due to Information Privacy.

Submissions commented generally on the principles of rating and in response to the options identified in the Rating Strategy Discussion Paper, including the identification of alternative options. Common themes were not easily evident nor was there a clear preferred option. However, it was evident from the submissions received that there exists support for a differential farm rate, with suggestions for a differential rate ranging from 60-90%. Whilst this would provide some financial support for the agriculture sector, the key messages in submissions was that a farm differential rate would also protect rural landscapes/amenity which is important to lifestyle and tourism, would be more equitable and would be consistent with the approach in other rural Councils.

Key points provided in submissions have been extracted and listed under the identified options below.



Option 1 – Status Quo

Two submissions favoured the status quo, with one suggesting a further review after the delivery of cost reductions.

Option 2 – General Rate, Garbage Charge, Environment Charge

Two submissions favoured this option although there was also comment in other submissions on the option of splitting the garbage charge with the environment charge.

Several felt that an environment charge would increase the burden on the rural sector who already fund their own waste services. Others felt that its introduction would be equitable and transparent in that residential properties pay the cost of the household service and all properties contribute to municipal wide environment waste costs. One submission suggested the environment charge should be absorbed into the general rate.

Option 3 - General Rate, Garbage Charge, Environment Charge, Farm Differential 80%

Four submissions support this option largely to protect the rural landscape/amenity, provide more equity with other ratepayers and consistency with like Councils.

Option 4 - General Rate, Garbage Charge, Environment Charge, Municipal Charge 20%

No written submission specifically supported this option although several submissions did support the concept of distributing the governance costs of Council equally amongst all ratepayers via a municipal charge.

Option 5 - General Rate, Garbage Charge, Environment Charge, Municipal Charge 10%, Farm Differential 90%

No written submission specifically supported this submission although alternative options were proposed that included a similar mix of rates and charges.

Survey Responses – A survey on the options was also available at the community information sessions and on line. The support for the options was – Option 2 (1), Option 3 (2) and Option 5 (4).

Additional option - Option 6 - General Rate, Garbage Charge, Municipal Charge 20%, Farm Differential 80%

This option was identified at the public consultation sessions and in written submissions.

Four submissions supported this option for similar reasons outlined above in Option 3. The municipal charge was seen as a further opportunity to make the differential between different property types more equitable.

Other Key Comments contained within submissions

• Current system of valuation based tax is not fair or equitable.

• Should be user pays wherever possible.

• Benchmarking on other rating strategies should be provided.

• An infrastructure rate could be introduced for new infrastructure.

• Garbage charge not equitable for holiday home owners.



• Garbage charge should be increased to $10 per week.

• The strategy ignores State Government edict or policy that rate rises are to be capped at CPI and therefore should be rewritten.


• Local Government Act 1989

• Valuation of Land Act 1960

• Ministerial Guidelines for Differential Rating 2013

• Local Government Better Practice Guide 2014 – Revenue and Rating Strategy

Other Options

All of the Options listed (or elements of) in the discussion paper and the additional option suggested via consultation have their own merit and impacts. All elements identified are in use by Councils across the State in different combinations. In regard to each element included in the discussion paper the following comments are provided:

Environment Charge – This would ensure all ratepayers equitably fund municipal waste management costs. Based on the current service model it would have the approximate impact of reducing waste charges to residential properties by approximately $30 per annum while increasing costs to properties that do not receive the household garbage service (including farming properties) by approximately $130 per annum.

Municipal Charge – A municipal charge ensures every property contributes to the unavoidable governance costs of Council. It cannot be more than 20% of the total revenue raised from rates. It has the effect of reducing the impact of the valuation based system in that less of the total rate revenue is determined by property valuations. Generally, this reduces the impact on higher valued properties.

Farm Differential – Rural landscapes provide an attractive amenity to the area that supports a rural lifestyle and supports the tourism industry. Additionally, the farming sector is a major economic driver in the community. Given the rating strategy does not impact the total rate revenue levy, any differential will reduce the cost to the farming sector whilst increasing the cost to other property sectors. For example, a 20% farm differential would shift approximately $700,000 to other properties, or in average rate terms, approximately $23 per property.

In response to other key comments provided in submissions, the following comments are provided:

The Local Government Act 1989 compels Council to apply a general rate to properties using property valuations as a means of distributing the impact of the rate. Whilst the issues of fairness, equity and user pays may have some merit, Council must comply with the requirements of the Act. Nonetheless, Differential Rates, Charges, rebates and concessions (such as those being considered by Council) are available options that can be utilised for the purposes of applying user pays principle whilst also reducing the impact of a valuations based system.



Benchmarking on other rating strategies – in 2014/15 adjoining and Gippsland Councils applied the following rating strategies:

Council General Rate

Farm Commercial / Industrial

Vacant Cultural & Recreation

Municipal Other

South Gippsland

100% 70% 105% 200% 50% Nil

Wellington 100% 80% 100% 100% 100% Nil Waste Infrastructure

Baw Baw 100% 90% 130% 180% 100% Nil

Latrobe 100% 75% 100% 100% 50% $128

East Gippsland

100% 90% 145% 100% $260 Garbage charges

Mornington 100% 65% 100% 100% 100% $160 Curtilage

Whilst comparing rating strategies is valuable, the impact on rates paid per property type is a more challenging comparison to make. This is because the rate is not determined by the strategy itself but by the valuation and rate in the dollar set independently by Councils. For the purpose of a farm differential comparison however, the following example is provided:

Council rates

Shire Address

Land Size Ha

$/ha on SV 2014 CIV $/ha on CIV Rate/ $

Municipal Charge

Council Rates plus municipal charge

South Gippsland Property A 252.5 $9,850 $2,703,000 $10,705 0.00362286 $181.70 $9,974.29

South Gippsland Property B 47.16 $12,362 $600,000 $12,723 0.00362286 $181.70 $2,355.42

South Gippsland Property C 53.26 $9,238 $866,000 $16,260 0.00362286 $181.70 $3,319.10

Bass Coast Property D 257.12 $8,595 $2,468,000 $9,599 0.0034407 0 $8,491.65

Bass Coast Property E 47.085 $11,447 $681,000 $14,463 0.0034407 0 $2,343.12

Bass Coast Property F 50.18 $10,183 $557,000 $11,100 0.0034407 0 $1,916.47

The garbage charge is available to all residential properties regardless of the occupancy arrangements (i.e. holiday homes) and Council’s contractual arrangements provide for this.

The garbage charge (and possible environment charge) can only be applied to actual costs of the services. Council calculates the charge based on real costs. The introduction of a set weekly charge (i.e. $10)without aligning it to the direct cost is not possible.



The rating strategy does not impact the total amount collected in rates and charges but determines how the costs are to be distributed. Therefore, any legislative requirement concerning rate increases (such as CPI capping) is irrelevant for the purposes of the rating strategy. Any such legislation however would need to be taken into account in Council’s financial budgeting and planning. Notwithstanding this, the Rating Strategy does reference the State Government’s proposed “fairer rating system”, identifying the potential impact along with the need for Council to introduce offsetting mechanisms if rating levels less than those identified in the Long Term Financial Plan are imposed. The Long Term Financial Plan specifically addresses this issue.


The Rating Strategy has been prepared in collaboration with CT Management Group and in consultation with the community.

Based on the merits of the different components of a rating strategy available to Council and feedback on options identified in the Rating Strategy Discussion Paper, it is considered that Council’s Rating Strategy for 2015/16 and beyond should comprise of the following elements:-

General Rate – A rate charged against all rateable properties based on Capital Improved Value of the property.

Waste Service Charge – a charge applied to properties receiving the household garbage service that meets the cost of waste disposal, recycling activities and waste management throughout the whole Shire.

Farm Differential Rate – An 80% differential on the general rate.

Other General Rate Differentials – Vacant Land 150%; Cultural & Recreation Land 40%; and Public Housing 50%.

Whilst the Land Management Rebate Scheme is independent to the Rating Strategy it is nonetheless also recommended to confirm the retention of the scheme to provide clarity for the rural sector.

The one change that the proposed Rating Strategy makes to Council’s previous Rating Strategy is the introduction of the Farm Differential Rate. It was evident through the consultation process that the amenity provided to the community by the farming sector and the positive impact on lifestyle and tourism for the community is most valued. Providing a differential rate for the farming sector would contribute to protection of rural landscape and amenity, whilst also providing direct support for the agricultural sector which is an important economic driver in the community. Additionally, benchmarking shows that a farm differential is a common approach taken by Councils who are rural in nature.

It is not recommended to introduce a municipal charge at this time, as such a charge is difficult to quantify and would have the impact of shifting rates from higher valued properties to lower valued properties. Further, the consultation process did not establish a clear view on the potential introduction of such a charge.



Whilst the introduction of an Environment Service Charge as identified in the Discussion Paper is not proposed at this time, the strategy does support such a charge in principle. Accordingly, the Rating Strategy proposes that the introduction of this charge be considered during the preparation of the 2016/17 Council Budget. This will enable Council to consider and potentially apply the charge in light of its Waste Management Strategy which will be completed in 2015/16 as the Waste Management Strategy will determine the service delivery model. This would then enable Council to more definitive apply costs associated with waste across the garbage charge and environment charge.

It is recommended that the Council adopt the Rating Strategy.

Recommendation

That Council

1. adopts the Bass Coast Rating Strategy (as attached) comprising of the following rates and charges:

• General Rate – A rate charged against all rateable properties based on Capital Improved Value of the property.

• Waste Service Charge – a charge applied to properties receiving the household garbage service that meets the cost of waste disposal, recycling activities and waste management throughout the whole Shire.

• Farm Differential Rate – An 80% differential on the general rate.

• Other General Rate Differentials – Vacant Land 150%; Cultural & Recreation Land 40%; and Public Housing 50%.

2. considers the implementation of an Environment Service Charge during the preparation of the 2016/17 Council Budget.

3. retains the Land Management Rebate Scheme


Attachments

AT-1 Bass Coast Shire Rating Strategy 13 Pages

AT-2 Rating Strategy Consultation Feedback 1 Page

AT-3 CONFIDENTIAL - Rating Strategy - Survey and Online Feedback 3 Pages

AT-4 CONFIDENTIAL - Written submissions 45 Pages

AT-5 Summary of submitters' presentations 2 Pages



Council Decision

Moved: Cr. Bradley Drew / Seconded: Cr. Clare Le Serve That Council

1. adopts the Bass Coast Rating Strategy (as attached) comprising of the following rates and charges:

• General Rate – A rate charged against all rateable properties based on Capital Improved Value of the property.

• Waste Service Charge – a charge applied to properties receiving the household garbage service that meets the cost of waste disposal, recycling activities and waste management throughout the whole Shire.

• Farm Differential Rate – An 80% differential on the general rate.

• Other General Rate Differentials – Vacant Land 150%; Cultural & Recreation Land 40%; and Public Housing 50%.

2. considers the implementation of an Environment Service Charge during the preparation of the 2016/17 Council Budget following the adoption of the Waste Management Strategy.

3. retains the Land Management Rebate Scheme


5. Request the Minister for Local Government to support the amendment of the Local Government Act 1989 to include a definition of “charitable purposes” that clearly excludes the conduct of substantial commercial activities by charitable bodies.

CARRIED

Meeting adjourned

The meeting was adjourned at 7.34pm

Meeting resumed

The meeting resumed at 7.43pm



E.14 Council Service User Fees and Charges for 2015-2016




Declaration


Summary

The Council Services Fees and Charges document and schedule for 2015-2016 has been compiled and is presented to Council for formal endorsement

The fees and charges have been generally been adjusted by 3% with some fees indexed by a higher amount due to determinations by Council to discourage particular activities.

Background

On an annual basis Council adopts the service fees and charges that are to be applied for the services that are provided by Council. Historically, this approval has occurred through the annual budget process and the fees and charges then adopted as part of the budget.

This approach has resulted in the service fees and charges being adopted and becoming applicable at the same time as the annual budget. The budget is required to be adopted by Council by the 30th June each year, which is then the same time that changes to service fees and charges takes place. The impact on the community has been that no lead in time or notice has been provided for a change in fees and charges applied to Council services.

For the 2015-2016 financial year, Council is intending to provide greater certainty to the users of Council services by adopting the service fees and charges prior to the adoption of the annual budget. This change in approach is intended to provide adequate notice of a change in Council fees and charges and enables greater clarity for the purposes of constructing Council’s annual budget.

Strategic Basis

Council has a pricing policy which sets out the principles and framework for how prices for council services are determined, reviewed and administered. This policy aligns with the Council Plan principles concerning transparent evidence-based and inclusive decision making.



Council has limited revenue sources available to pay for growing demand for the provision of services. The main sources of revenue include rates and charges, government grants and user fees and charges. Council is experiencing growing pressure on rates and charges revenue sources and it is appropriate that it should recoup some or all of the cost of providing some services by direct user fees and charges where appropriate.

Finances

Council fees and charges make up approximately 8% of Council’s income on an annual basis.

This important element of Council’s finances has traditionally been subject to limited variability and increases as it both attempts to recover the costs of providing services and encourages or discourages behavior through the use of pricing mechanisms.

Stakeholders

The principle stakeholders are the users of the various services provided by Council, where a fee is applicable.


The Local Government Act 1989 gives Council the power to set fees and charges to offset the cost of providing services. Council is also subject to Goods and Services Taxation legislation and regulation along with the provisions of the National Competition Policy. Under the Competition Principles agreement, Council is obliged to apply competitive neutrality principles to all significant business activities undertaken by Council. This means that the prices Council may set for services provided by any significant business must reflect the full cost of providing that service, including notional costs incurred by competitors.



Other Options

Council may as an alternative delay the adoption of the Service Fees and Charges for 2015-2016 and although no requirement exists, include this within the annual budget. This delay will impact on the provision of notice to the users of Council services and may have some impact on the development of the annual budget.


Council, having considered the service fees and charges to be applicable for the 2015-2016 financial year, are in a position to provide certainty over fees and notice to the users of Council’s services on the changes to service fees and charges for the 2015-2016 financial year.

The attached Council Services User Fees and Charges 2015-2016 has been prepared for the purposes of being adopted by the Council.

It is recommended that the fees and charges for 2015-2016 be adopted.

Recommendation

That Council adopts the Council Services Fees and Charges to be applied for the 2015-2016 financial year.

Attachments

AT-1 Council Services Fess & Charges 2015-2016 12 Pages

Council Decision

Moved: Cr. Phil Wright / Seconded: Cr. Neil Rankine


CARRIED



Notices of Motion



F Notices of Motion

Nil.



Committees and Delegates Reports



G Committees and Delegates Reports


That agenda items G.1, G.2, G.3, G.4, G.5 and G.6 be considered as a block.

CARRIED

Moved: Cr. Andrew Phillips / Seconded: Cr. Jordan Crugnale

That agenda items G.1, G.2, G.3, G.4, G.5 and G.6 be received.

CARRIED

G.1 Phillip Island 150th Celebrations Planning Committee



Declaration


Summary

Attached are the minutes of the Phillip Island 150th Celebrations Planning Committee meeting held on Thursday, 19 February 2015.

Items discussed at this meeting were:

• logo/brand development

• engaging community groups

• logo marketing

• community Ball

• general business.

Recommendation

That the minutes of the Phillip Island 150th Celebrations Planning Committee meeting held on 19 February 2015 be received.



Attachments

AT-1

Phillip Island 150th Celebrations Planning Committee Meeting Minutes 19 February 2015

2 Pages



G.2 Municipal Emergency Management Planning Committee



Declaration


Summary

Attached are the minutes of the Municipal Emergency Management Planning Committee meeting held on Monday, 2 March 2015.

Items discussed at this meeting included:

• Update on the Municipal Emergency Management Plan Audit and Presentation of the Certificate of 100% Compliance

• The development of a Municipal Storm Emergency Plan

• An update on the Risk Action Plan 2014-2015

• An update on the Gippsland Municipal Emergency Management Enhancement Group’s Response and Recovery Project

• A planning activity to identify improvement opportunities and activities to focus the Committee over the next twelve months

• General business

Recommendation

That the minutes of the meeting of the Municipal Emergency Management Planning Committee held on 2 March 2015 be received.

Attachments

AT-1

MEMP Audit Certificate of Compliance 1 Page

AT-2

Minutes March 2015 Municipal Emergency Management Planning Committee Meeting

4 Pages



G.3 Inter Council Aboriginal Consultative Committee



Declaration


Summary

Attached are the Minutes of the Inter Council Aboriginal Consultative Committee (ICACC) meeting held on 12 February 2015.


• Promoting ICACC – bus tour to significant sites

• Strategic Planning – identifying values session

• Mornington Peninsula Shire Council continued involvement in ICACC

• Previous and Upcoming Events

Recommendation

That Council receives the minutes of the Inter Council Aboriginal Consultative Committee meeting held on 12 February 2015.

Attachments

AT-1 2015 02 12 ICACC MINUTES February 2015 5 Pages



G.4 Access and Inclusion Advisory Committee



Declaration


Summary

Attached are the Minutes of the Access and Inclusion Advisory Committee meeting held on 24 February 2015.


• Having a Say conference community report

• Bass Coast Aquatic and Leisure Centre – Changing places and other access features

• Surf Parade Inverloch – shared path master plan

• Nominations for 2015-17 committee – now open, close on 24 April

Recommendation

That Council receives the minutes of the Access and Inclusion Advisory Committee meeting held on 24 February 2015.

Attachments

AT-1 2015 02 26 AIAC action & agreement record from Feb meeting PDF 4 Pages



G.5 Domestic Animal Management Advisory Committee



Declaration


Summary

Attached are the minutes of the Domestic Animal Management Advisory Committee meeting held on Monday, 9 February 2015.

Items discussed at this meeting:

• Debrief from Inverloch Consultation process

• Work plan for the year – Sub committees, priorities

• DAMP Actions –Waterline Consultation, Fenced Off-Leash area, Trial of dog waste bins & bags, Compulsory desexing, 24hr cat containment, Annual Review process

• Friends of Hooded Plover assistance

• 2015 Meeting schedule

Recommendation

That Council receives the minutes of the Domestic Animal Management Advisory Committee meeting held on 9 February 2015.

Attachments

AT-1 DAMAC Meeting Minutes - 9 Feb 2015 7 Pages



G.6 Community Safety and Events Advisory Committee



Declaration


Summary

Attached are the minutes of the Community Safety and Events Advisory Committee meeting held on Monday, 9 February 2015.


• Events report discussion

• Event Management Template

• Proposed New Events

• Emergency Services, BCSC and Community Representative Reports

• General business

Recommendation

That Council receives the minutes of the Community Safety and Events Advisory Committee meeting held on 9 February 2015.

Attachments

AT-1

Community Safety & Event Advisory Committee Meeting Minutes - 9 Feb 2015

6 Pages

AT-2

February Events Report 3 Pages



Performance Monitoring

Reports



H Performance Monitoring Reports

Moved: Cr. Bradley Drew / Seconded: Cr. Jordan Crugnale

That agenda items H.1, H.2, H.3 and H.4 be considered as a block

CARRIED

Moved: Cr. Andrew Phillips / Seconded: Cr. Jordan Crugnale

That agenda items H.1, H.2, H.3 and H.4 be received.\

CARRIED

H.1 Planning Permits under delegation - February 2015




PERMITS REFUSED:

150039: Churchill Ward - VicSmart Refusal – two (2) lot subdivision at 7 Ocean Reach, Cape Woolamai.

PERMITS ISSUED:

Anderson Ward

140253: The subdivision of the land into two (2) lots located at 5-7 Golf Club Drive, San Remo.

140296: The subdivision of the land into two (2) lots located at 13-17 Vicars Avenue, North Wonthaggi.

140301: Buildings and works for the temporary use of the land and the development of a place of assembly and car parking waiver located at 17 Potters Hill Road, San Remo.

140338: The development of a dwelling located at 18 Carl Street, South Dudley.

140367: The development of a dwelling located at 17 Alexander Road, South Dudley.

140374: The development of a shed located at 325 Turnbull-Woolamai Road, Woolamai.

150012: The subdivision of the land into two (2) lots located at 206 White Road, North Wonthaggi.



Churchill Ward

Nil.

Hovell Ward

140145: The Buildings and works to an existing building (Baptist Church) and a waiver of the car parking requirement located at 2 Broome Crescent, Wonthaggi.

140342: The subdivision of the land into two (2) lots located at 8 Watt Street, Wonthaggi.

140358: The subdivision of the land into two (2) lots located at 89 Merrin Crescent, Wonthaggi.

140361: The construction of access to a Road Zone Category 1 located at Lot 1 LP74840 Korumburra-Wonthaggi Road, St Clair.

Leadbeater Ward

130318: The development and use of a dwelling located on land known as (Lot 3 PS210276) Loch-Wonthaggi Road, Ryanston.

140275: The development of a shed located at 31 Collins Road, Woodleigh.

140317: The development of a dwelling and shed located at 100 Korumburra-Wonthaggi Road, Lance Creek.

140354: The construction of a garage outside the building envelope located at 55 Joseph Road, Corinella.

140364: The development of a Dependent Person’s Unit located at 146 Queensferry Jetty Road, Queensferry.

150015: The development and use of an extension to an existing dwelling located at 80 Foreshore Road, Jam Jerrup.

McHaffie Ward

140333: The use of land for a “Restricted” Recreational Facility (Gym); and erect Business Identification Signage located at Unit 4-6, 91-97 Settlement Road, Cowes.

Thompson Ward

140325: Liquor Licence for Café and Restaurant located at 2/72 Chapel Street, Cowes.

150033: VicSmart approved – The removal of one (1) tree (Manna Gum) located at 9 Hazelwood Court, Silverleaves.

150034: VicSmart approved – The removal of one (1) tree (Coastal Beard Heath) located at 9 Hazelwood Court, Silverleaves.

Townsend Ward

140344: The construction of a new crossover located at 66 Toorak Road, Inverloch.

140360: The development of a dwelling located at 46 Surf Parade, Inverloch.



140375: The removal of one (1) tree (Eucalyptus Ovata) Swamp Gum located at 5 Overlook Drive, Inverloch.

Recommendation

That the report be received.

Attachments




H.2 Planning statistics for the month of February 2015




Summary

Reports attached detail the Planning statistics for the month of February 2015.

Recommendation

That the Planning statistics for the month of February 2015 report be received.

Attachments

AT-1 Planning Permit Statistics - 2015 1 Page

AT-2 Town Statistics - February 2015 1 Page



H.3 Building Permit Statistics for the month of February 2015




Summary

Attached is the report detailing the Building Permit Statistics for the month of February 2015

Recommendation


Attachments

AT-1 Building Permits Statistics February 2015 2 Pages



H.4 Contracts Awarded Report




Declaration


Summary

1 February to 28 February 2015

The following contracts have been formed under the Chief Executive Officer’s Instrument of Delegation since the last report.

Contract No.

Description Contractor Contract Sum

15004 Drainage Works A’Beckett St, Inverloch (Stage 2) & Outfall Drainage Works Wonthaggi Recreation Reserve

ADA Constructions Services Pty Ltd

$277,605.05

15007 Microsoft Software Licensing Software Assurance

Staples Australia Pty Ltd $517,652.82

Contracts Awarded by Council

No contracts have been accepted or formed by specific resolution of the Council since the last report.

Recommendation

That the Contracts Awarded report be received.

Attachments

AT-1 15004 2 Pages

AT-2 15007 1 Page



Watching Bass

Coast



I Watching Bass Coast

Moved: Cr. Jordan Crugnale / Seconded: Cr. Bradley Drew

That agenda items I.1, I.2, I.3 and I.4 be considered as a block.

CARRIED


That agenda items I.1, I.2, I.3 and I.4 be received.

CARRIED

I.1 CEO's Report - April 2015




Declaration


Summary

Bass Coast Shire Council is committed to introducing more regular updates on the key projects and initiatives that are implemented. The attached report highlights a number of key projects and their progress.

Strategic Basis

The Council Plan 2013-2017 contains a number of principles and key strategic objectives. The projects outlined in this report all contribute to the achievement of this Plan. The objectives in the Council Plan include:

• Natural Environment

• Sustainable Development and Growth

• Healthy Communities

• Effective Governance

• Economic Development



The relevant principles within the Council Plan, which are to guide all Council decisions and actions include:

• The social, environmental and economic priorities of the Shire benefit both current and future generations

• The intrinsic value of biodiversity and the protection of the natural eco systems will be recognised

• Equity in the distribution of resources across the Shire

• Transparent evidence-based and inclusive decision making

• The provision and use of energy and resources will be promoted in an efficient and sustainable way

Delivery of the Major Initiatives, delivers key actions, strategies and plans which aid Council to sustain and deliver better services to the community. This assists Council in achieving all five key strategic objectives and associated strategies within the Council Plan

Finances

All of the projects highlighted in this report are funded through the 2014/15 Budget. Some of these projects have received grant funding.

Stakeholders

Council, ratepayers, external funding bodies, residents and visitors are all affected by the delivery of the program


The Major Initiatives are allocated for in the 2014/15 Budget. These projects are developed, approved and spent in accordance with the Local Government Act, and the Procurement Policy.

The Local Government Act states that the primary objective of Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions.

Recommendation

That the CEO’s Report for April 2015 be received.

Attachments

AT-1 CEO's Monthly Report - April 2015 3 Pages



I.2 Continuous Improvement Report - Project Management Delivery through Annual Supply Contract Procurement



Declaration


Summary

Over the past 8 years, Council has implemented a number of annual supply contracts to assist in the delivery of projects. These annual supply contracts have been utilised more and more since 2007/2008 following the successful delivery of the Nyora St Helier Road Upgrade which resulted in significant savings in the project construction costs.

Further refinement of contracts, construction methodologies and processes has occurred over the past 8 years. It is estimated that the total value of money able to be reinvested either in increased road lengths or overall savings is in the order of $5.1 million through using annual supply contracts and a project management methodology for construction.

As a result of these savings and the improved efficiency gains in road renewal projects, as well as other projects, the delivery of projects in this manner will continue to be adopted. This will ensure savings relating to individual renewal projects and will assist Council in reducing its infrastructure renewal gap.

Introduction

Over the past 8 years Council has set up and implemented a range of annual supply contracts for construction and maintenance related works.

The list of annual supply contracts now includes:-

• Plant, labour, materials for road works

• Supply of concrete products

• Supply of quarry and roadmaking materials

• Delivery and placing of gravel

• Concreting, paving etc.

• Insitu stabilisation

• Supply of Asphalt

• Asphalting Works

• Bituminous Sealing works



These annual supply contracts have allowed for increased efficiencies in procurement of construction related works. The efficiencies have generally been related to capital renewal of rural roads within the annual capital works program. In addition to this complimenting the use of these annual supply contracts with a project management approach to construction has allowed for significant savings within the delivery of Council projects.

The development of these annual supply contracts and the project management approach to delivery of renewal projects has been a gradual and ongoing process of continuous improvement by the Infrastructure Delivery team. Over the past 8 years this gradual, ongoing process of refining this methodology for works has contributed to further cost savings in the delivery of renewal projects.

The result of this is that Council’s renewal funding can be spent more efficiently, resulting in greater lengths of road that can be renewed for the same amount of funding. This in turn assists Council in bridging its current renewal gap.

Where are we now?

Prior to 2007/2008, Council’s Infrastructure Delivery team’s approach to the delivery of rural road renewal was to contract individual projects whereby a full detail design was undertaken, and the project works were then tendered and awarded under individual contracts.

Whilst this is the preferred methodology for the procurement of works for complex, detailed and high risk projects that involve the upgrade, expansion or new assets, it can sometimes be an inefficient procurement methodology for renewal type projects where the exposure to construction related risks is lower. This can therefore lead to inefficiencies through higher contract rates due to the transfer of risk to the tendering contractor.

In 2007/2008 this improvement opportunity through the use of annual supply contracts and a project management approach to construction was recognised.

At this time, under the Federal Government’s Auslink program, Bass Coast was successful in receiving a grant for the construction of a section of a key strategic rural collector road.

Funded over 3 years, Council received $350,000 towards the upgrade of 6.6km of the Nyora St Helier Road. The road was to be fully reconstructed and widened from an unsealed width of 4.5 metres to a sealed width of 6.4 metres. This was never going to be possible with the funds provided from the grant.

Similarly to other grants received by Council, the quantum of the grant was not going to be sufficient to cover the full cost for the delivery of the total length of road. Typically, Council is required to add the additional funds to meet the shortfall.

In addition to this at the time the pool of contractors with the appropriate level of expertise tendering for Council’s renewal projects was diminishing. This was resulting in higher contract rates through reduced competition.

Another issue at the time was the shortfall of engineering design staff in the infrastructure delivery team at the time. From between 2006 and 2009, Bass Coast had difficulties not only in attracting engineers to the area but also in retaining them within a labour market that was extremely competitive for engineering skills.



Conventional design plans preparation and then tendering for the construction was becoming more and more difficult without adequate, qualified resources.

These factors forced Council Officers to rethink how they were going to be able to deliver not only this particular project but also future projects both in the short and long term.

Where are we going?

In assessing the existing skill base it was found that whilst there was a distinctive lack of resources with up to 5 years experience, there was considerable depth in experience at the other end of the scale with remaining staff having over 10-30 years experience, with a particular focus on construction.

Based on this assessment it was felt that this construction experience enabled Council to consider taking on additional, yet acceptable, risk and carrying out the delivery of the construction projects as the principal contractor. This method of project management could be used for less complex construction projects rather than procuring the works through an individual construction contract.

How do we get there?

The upgrade of 6.6km of the Nyora St Helier Road, from a 4.5m width unsealed road to a 6.4m sealed rural collector road was undertaken over a three year period for a total cost of $1.12M.

When benchmarked against previous projects, this was showing considerable savings in the cost of delivery for these types of rural road projects. Prior to 2007/2008 rural road renewal/upgrade was costing Council on average $301K per 100Lm of road renewal/upgrade. The methodology used for the delivery of Nyora St Helier Road resulted in project delivery costs of approximately $170K per 100Lm of road renewal/upgrade.

As the success of this method for delivery became apparent the range of projects to be delivered under annual supply contracts has not only expanded but increased in value.

Make the journey

The list of annual supply contracts now includes:-

• Plant, labour, materials for road works

• Supply of concrete products

• Supply of quarry and roadmaking materials

• Delivery and placing of gravel

• Concreting, paving etc

• Insitu stabilisation

• Supply of Asphalt

• Asphalting Works

• Bituminous Sealing works



Annual supply contracts now cover all of the major aspects of construction activity.

The proportion of roads and drainage projects undertaken using annual supply contracts varies from year to year but is generally between 25-35%.

Graph 1. below indicates the percentage of road and drainage projects undertaken under the annual supply program over the past 10 years

Graph 1. – Projects (percentage) undertaken by Annual Supply Contracts

The peak of 44% in 09/10 was due to additional works to improve roads associated with the desalination plant.

As this method of project management and procurement of works has continued the number of projects delivered in this way has also increased significantly. This is shown in Graph 2 below.

Graph 2 – Projects (number) undertaken by Annual Supply Contracts



As shown above, the number of projects completed under this program has doubled in the past 2 years.

How did we go?

In the case of road renewal projects, the financial efficiencies in this method of project delivery are substantial. The financial efficiencies on renewal projects allow Council to achieve more renewal (i.e. greater lengths of road renewal) for the same amount of renewal funding. This is a proactive measure in ensuring that efficiencies in project delivery are made to assist in addressing the high order strategic risk for Council which is to minimise the infrastructure renewal gap.

Over the past 8 years, it is estimated that the total value of money able to be reinvested either in increased road lengths or overall savings is in the order of $5.1 million.

As a result of these savings and the improved efficiency gains in road renewal projects, as well as other projects, the delivery of projects in this manner will continue to be adopted. This will ensure savings towards individual projects and will assist Council in reducing its renewal gap.

Recommendation


Attachments




I.3 Assembly of Councillors Report

File No: CM15/247 Department: Corporate Services Council Plan Strategic Objective: Effective Governance


Declaration

The reporting officer has no direct or indirect interest in this matter

Summary

Section 80A of the Local Government Act 1989 requires all assembly of Councillors records to be reported on at the next practicable ordinary meeting of Council and to be recorded in the minutes of that meeting. This report intends to fulfil the requirements of the legislation.

Introduction

The Local Government and Planning Legislation Act 2010 was proclaimed on Friday 24 September 2010, making amendments to the Local Government Act 1989 (the Act).

The amendments included changes to the definition of ‘assembly of Councillors’ as well as to the requirements of such an assembly.

Section 76AA of the Act now defines an assembly of Councillors as

‘a meeting of an advisory committee of the Council, if at least one Councillor is present, or a planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be-

a) the subject of a decision of the Council; or

b) subject to the exercise of a function, duty or power of the Council that has been delegated to a person or committee-

but does not include a meeting of the Council, a special committee of the Council, an audit committee established under section139, a club, association, peak body, political party or other organisation.’

Section 80A requires a written record to be kept of all such assemblies, stating the names of all Councillors and Council staff attending, the matters considered and any conflict of interest disclosures made by a Councillor. These records must be reported, as soon as practicable, at an ordinary meeting of the Council and recorded in the minutes.

Below is a summary of all assembly of Councillors records since the last Ordinary meeting of Council.



Date Assembly of Councillors Councillors in attendance

25 February 2015

Community Engagement Briefings

Cr Brown, Cr Drew, Cr Phillips, Cr Le Serve, Cr Rankine, Cr Crugnale

2 March 2015 Municipal Emergency Management Planning Committee

Cr Le Serve

4 March 2015 HR Committee Cr Brown, Cr Le Serve, Cr Drew, Cr Crugnale (observer)

4 March 2015 Policy Workshop All Councillors

11 March 2015 Policy Workshop All Councillors

16 March 2015 Bass Coast Community Safety and Events Committee

Cr Brown

17 March 2015 Road Safety Committee Cr Phillips

18 March 2015 Policy Workshop Cr Brown, Cr Phillips, Cr Le Serve, Cr Rankine, Cr Crugnale

Recommendation

That the attached assembly of Councillors records be received.

Attachments

AT-1 2015 02 25 Community Engagement Briefings 1 Page AT-2 2015 03 02 Municipal Emergency Management Planning Committee 7 Pages AT-3 2015 03 04 HR Committee 1 Page AT-4 2015 03 04 Policy Workshop 1 Page AT-5 2015 03 11 Policy Workshop 1 Page AT-6 2015 03 16 Bass Coast Commnunity Safety and Events Committee 3 Pages AT-7 2015 03 17 Road Safety Committee 10 Pages AT-8 2015 03 18 Policy Workshop 1 Page



I.4 Events Update


Growth Council Plan Strategic Objective: Economic Development

Our economy is supported by diverse, local and innovative businesses and employment.

Declaration


Summary

Council supports community and private events which create economic and social benefits for the region and enhance resident, participant and visitor experience.

This support may take the form of planning, promotions, financial or in kind and has the objective of maximising the benefits of events while minimising their negative impact on the community.

Introduction

One of the key recommendations of the 2012 Events Policy was to improve communication with Council. To help implement this recommendation a monthly Watching Bass Coast Report which identifies potential new events or significant changes to existing events is presented to Council. The report lists upcoming events and briefly reports on events completed in the previous month.

Strategic Basis

Bass Coast Shire Council Plan 2013 -2017, Objective 04 Economic Development lists the following strategy in relation to events:

• Promote Bass Coast as an all year unique tourism and events destination

Finances

Council provides a range of funding through its community grant program to events in Bass Coast along with providing support for events through Council Officers time and planning expertise.

Stakeholders

• Council

• Ratepayers & community

• Visitors

• Event organisers

• Event patrons



• Emergency services


Council's Events Policy - adopted June 2012

Other Options

A monthly Watching Bass Coast report to Council was considered the most effective means of providing a regular update to Council about upcoming events.


1. Events completed in the previous report period (February/March):

Serenade at Sunset 28 February Grantville

In its fifth year this event has struggled to find a home having been at 3 different locations to date. This year it was held at the Grantville Recreation Reserve for the first time and it turned out to be an excellent venue for the festival. The total attendance was just below 450 and though it was less than hoped operationally the event went very smoothly. A less than ideal weather forecast and some uncertainty about the venue contributed to the lower than expected crowd. The organisers are hoping to establish the venue as the festivals permanent home and are confident they can grow it at that location. Feedback from the public and performers was very positive.

Council supports the event with funding through the community grants program and provides significant planning support, waste and traffic management, event equipment and officer support on the day. This event has very high operational costs and it is recommended that the level of financial support be increased to $5,000 for next year’s event.

Cowes Classic/Swim Classic 28 Feb & 1 March

Overall numbers for these two events were down on last year. The Cowes Classic biathlon attracted a total of 220 competitors while the swim drew 120. Operationally both days went very smoothly with disruption to traffic and the community kept to a minimum. These events remain important fundraising activities for the Woolamai Beach Surf Life Saving Club and the Phillip Island Football Club.

Council supports the events with funding through the community grants program and provides planning support, waste and traffic management, event equipment and officer support on the day. It is recommended that this level of support be maintained for next year’s event.

Interest in the three events which comprise the Bass Coast Series the Cape Paterson Aquathon, the San Remo Channel Challenge and the Cowes Classic has dropped off a bit in recent years. A meeting with all the key stakeholders will be held later in the year to look at options for regenerating interest in the series.

San Remo & Phillip Island Art and Photographic Show 6-9 March

This year’s biennial Art and Photographic Show at the San Remo Recreation Centre organised by the Phillip Island & San Remo Rotary was considered one of the best to date. Around 2,000 people went through the doors over the weekend with 580 exhibits from 160 exhibitors. Approximately 12% of the works sold and the organisers were extremely pleased with the outcome.



Council supports the exhibition with funding through the Arts and Leisure program and provides promotional support.

Inverloch Jazz Festival 6-9 March

This year’s festival the 22nd had a greater indoor focus with the increased use of the Hub and stadium as venues. Ticket sales across all venues were at an all time high and the organisers believe this was the best festival yet. The traditional street parade was very well patronised and the weekend went very smoothly in an operational sense. It was estimated that around 3,500 people attended over the weekend.

The organisers Inverloch Jazz Festival Inc. intend to reschedule the festival from its traditional Labour Day Weekend date to the shoulder season (possibly late October) to help create a new weekend for visitation to Inverloch.

Council supports the event with funding through the community grants program and provides planning support, waste and traffic management, event equipment and officer support over the weekend. It is recommended that this level of support be maintained for the next event which may be this October and provide increased assistance if necessary to help consolidate the new date.

Classic Cars Phillip Island 6-9 March

This extremely popular classic car event at the GP Circuit attracted around 20,000 people over the Labour Day weekend. 560 competitors, 60 of which were from overseas were involved over the weekend. Thompson Avenue in Cowes was set up to accommodate a classic car display on Friday evening and this attracted positive interest. This event is growing in stature and is considered to to be amongst the best classic car racing events around the world.

Council has limited involvement and assists with its promotion.

Cowes Night Market 7 March

The second last of this season’s twilight markets took place in ideal conditions and attracted very big numbers. The organisers estimated that up to 8,000 people attended over the course of the evening and it continues to attract great interest.

The market is drawing criticism from some traders in Cowes and a review of its dates, stall numbers and content will be undertaken after the last market at Easter.

Council supports the market with planning support and waste management. It also provides traffic and event equipment and officer assistance as required.

San Remo Fishing Village Festival 8 March

The annual fishing and ocean related festival on the San Remo Foreshore coordinated by the Kilcunda Bass Football Netball Club attracted around 2,000 people in ideal weather conditions. Run in conjunction with an emergency services display it also attracted a show of classic cars from the Classic Cars event at the GP Circuit. The day went without incident and the organisers were very happy with the outcome.

Council supports the event with funding through the community grants program and provides planning support, waste and traffic management, event equipment and limited officer support on the day. It is recommended that this level of support be maintained for next year’s event.



International Women’s Day This year’s Council organised International Women’s Day event took place at the Cape Kitchen (the revamped Shearwater Restaurant) at Cape Woolamai. Interest in the event was very high and the day was fully subscribed with 140 people attending. The guest speaker Caroline Khoo who developed a very successful boutique chocolate and desert company was very well received and feedback from all involved was extremely positive.

The event was organised by Council’s Community Relations team and was designed to be cost neutral. The day made a profit which was donated to the UN Women’s Cyclone Pam appeal.

World’s Longest Lunch – Rhyll 13 March

This event is part of the Melbourne Wine and Food Festival and was held for the first time on the Rhyll Foreshore. Organised by the Rhyll Foreshore Bar and Tavern it took place in the foreshore car park opposite the restaurant in perfect weather conditions. Around 80 people participated and it was very well received. The event required a road closure and some changes to traffic arrangements and this was well managed. The organisers expect to repeat the event next year for up to 120 participants.

Council supported the event with traffic management and promotion and provided some event management equipment.

Keeping Kids on Track - Kilcunda 14 March

This year’s fourth annual family fun run and walk on the rail trail at the Kilcunda Foreshore attracted just over 500 participants. Though numbers were a bit down on than last year it was again a very good family day. Improvements to the walking paths around Kilcunda and infrastructure on the foreshore help make this a safer and easier to manage event.

Council supports the event with funding through the community grants program and provides planning support, waste and traffic management, event equipment and officer support on the day. It is recommended that this level of support be maintained for next year’s event.

Women’s Words Art Music Festival 15- 21 March Phillip Island

This new festival involved 5 separate events to engage women and the arts at various venues around Phillip Island. The activities included one involving visual arts, two literary events, a dinner and two music activities. Between 350-400 people attended overall and feedback from attendees was very positive. The organisers were happy with the outcome and have been encouraged to run the event again next year and hopefully encourage more attendees and activities.

Council supported the event with funding through the community grants program and provides some event equipment and promotion. It is recommended that this level of support be maintained if the event proceeds next year.

Wonthaggi HPV 21-22 March

The 18th annual recumbent cycle event on roads in and around the Recreation Reserve hosted a venue capacity 90 teams from around the state and South Australia. Weather conditions were perfect and around 2,500 people were either involved or attended over the week end. Operationally this is a huge event to manage with around 1,000 participants camping on site and involves a significant traffic management operation. The event went very well and feedback from all involved was very positive.



Council supports the event with funding through the community grants program and provides planning support, waste and traffic management, event equipment and officer support on the day. It is recommended that this level of support be maintained for next year’s event.

2. Upcoming Events Leongatha Cycle Challenge- Wonthaggi 28 March

This annual youth cycling event organised by the Leongatha Cycling Club involves circuit racing at the Wonthaggi Recreation Reserve and takes in the hills around Kongwak.

Grantville Pirate Festival 28 March

This year’s pirate festival has been cancelled due to work load commitments at the venue Maru Koala and Animal Park. The organisers intend to bring it back in 2016.

Southern Gippsland Sustainability Festival 29 March Wonthaggi

Stall holder and exhibitor interest is very positive for this joint initiative between the Bass Coast and South Gippsland at the State Coal Mine.

Churchill Island Easter Festival 4-5 April

Annual two day Easter Festival at Churchill Island

Coronet Bay Easter Festival 5 April

Annual Easter Festival on Coronet Bay Foreshore

3. New events / Matters of interest to Council: Slide in the Streets Cowes

Preliminary discussions are in train with a private company Slide in Streets p/l who have set up a massive waterslide event in the Melbourne CBD and other cities and are considering Cowes as a possible venue. A representative of this group will present to the April Emergency Management and Events Advisory Committee. Attached is a link to a u tube video of an event recently run in Melbourne. www.youtube.com/watch?v=fvvoVD_5PHE

4. Filming Activities

No filming permits were issued during this reporting period.

Recommendation

That the Events Update report be received.

Attachments

There are no attachments for this report

http://www.youtube.com/watch?v=fvvoVD_5PHE



J Acknowledgements

J.1 Acknowledgements - Cr Jordan Crugnale

Cr Crugnale made the following acknowledgements:

• Welcome to Allison Jones, General Manager Sustainable Development and Growth. It is great to have a complete team.

• Passing of Elizabeth Ann Dewar "Betty" Churcher, an Australian arts administrator.

J.2 Acknowledgements - Cr Clare Le Serve

Cr Le Serve made the following acknowledgements:

• Coronet Bay Easter Fair, organised by the Residents and Ratepayers and Foreshore Committee. Council staff also attended to survey attendees in relation to beach restrictions for dogs, as part of DAMAC’s review of the waterline area.

• Phillip Island Nature Parks annual meeting and dinner. There was a good collaboration of ideas.

J.3 Acknowledgements - Cr Phil Wright

Cr Wright made the following acknowledgements:

• Phillip Island Nature Parks annual meeting and dinner. Discussions around road strategy, Cowes key area plans and Rural Land Use Strategy.

• Phillip Island gallery members – great attendance.

• Smiths Beachcomber Association – free trees

• Cape Woolamai and Surf Beach Coast Care groups.

• Phillip Island have seven netball teams and four football teams competing this year.

• National Surfing Reserve surfing contest. 11 teams entered with nine local competitors.

• Passing of Malcolm Fraser, an Australian politician who was the 22nd Prime Minister of Australia and the Leader of the Liberal Party from 1975 to 1983.

J.4 Acknowledgements - Cr Neil Rankine

Cr Rankine made the following acknowledgements:

• Bass Coast Shire Council and South Gippsland Shire Council staff in hosting the Sustainability Festival at the Wonthaggi State Coal Mine.

• Italian Community Polenta Day

• Clean Ocean’s Foundation receiving federal government funding and looking at a possible Memorandum of Understanding with Bass Coast.

http://en.wikipedia.org/wiki/Liberal_Party_of_Australia



J.5 Acknowledgements - Cr Kimberley Brown

Cr Brown made the following acknowledgements:

• Community participation in the development of Council’s Long Term Financial Plan and Rating Strategy.

• Youth Week, commencing Saturday, 18 April 2015.



K Urgent Business

Nil.

Mayoral Announcement Of Next Meeting Of Council

The Mayor advised that the next meeting of Council will be the Special Meeting to be held on Wednesday, 22 April 2015 in the Council Chamber at the Civic Centre, Wonthaggi at 5.00pm.

Meeting adjourned

The meeting was adjourned at 8.10pm

Meeting resumed

The meeting resumed at 8.15pm



Items Closed to the Public

Excerpt of Section 89 of Local Government Act 1989.

(2) A Council or special committee may resolve that the meeting be closed to members of the public if the meeting is discussing any of the following:

(a) Personnel matters; (b) The personal hardship of any resident or ratepayer; (c) Industrial matters; (d) Contractual matters; (e) Proposed developments; (f) Legal advice; (g) Matters affecting the security of Council property; (h) Any other matter which the Council or special committee considers

would prejudice the Council or any person; (i) A resolution to close the meeting to members of the public.

(3) If a Council or special committee resolves to close a meeting to members of the public the reason must be recorded in the minutes of the meeting.



Council Decision

Moved: Cr. Andrew Phillips / Seconded: Cr. Clare Le Serve

That the meeting be closed to members of the public pursuant to Section 89 (a) and (h) of the Local Government Act 1989, to consider these items as they deal with personnel and other matters.

CARRIED

L Confirmation of minutes

L.1 Closed Ordinary Meeting held 18 February 2015

M Items Closed to the Public

M.1 Personnel matters

It is recommended that the meeting be closed to members of the public pursuant to Section 89 (a) of the Local Government Act 1989, to consider this item as it deals with personnel matters.

M.2 Other matters

It is recommended that the meeting be closed to members of the public pursuant to Section 89 (h) of the Local Government Act 1989, to consider this item as it deals with any other matter which the Council or special committee considers would prejudice the Council or any person.

N Urgent business

N.1 Other matters

Council Decision

Moved: Cr. Andrew Phillips / Seconded: Cr. Neil Rankine

That the meeting be reopened to members of the public.

CARRIED

Meeting closed

The meeting closed at 8.38pm

minutes for ordinary meeting bass coast shire council ... · 2. acknowledgement within council’s...

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